John Davis Consulting

Today is a Great Day to be an American, a Nation of Laws; a North Carolinian, a State of Laws

February 24, 2022       Vol. XV, No. 3       4:13 pm

It all started 219 years ago on February 24, 1803

The partisan fact that a 4-3 “Democratic” North Carolina Supreme Court ruled that the “Republican” maps were unconstitutional is irrelevant. The only thing relevant is the North Carolina Supreme Court had the authority of judicial review of the legislative maps.

This morning’s News & Observer carried a story quoting Republican North Carolina House Speaker Tim Moore, R-Cleveland, saying, “The trial court’s decision to impose a map drawn by anyone other than the legislature is simply unconstitutional and an affront to every North Carolina voter.”

No, Mr. Speaker, what is an affront to every North Carolina voter is a legislature that does not respect the constitutionality of the doctrine of judicial review.

The same N&O story quoted Democratic Gov. Roy Cooper, D-Nash, saying, “Today’s decision allows a blatantly unfair and unconstitutional state Senate map that may have been the worst of the bunch,” concluding, “Our elections should not go forward until we have fair, constitutional maps.”

No, Governor, under the doctrine of judicial review it is the state Supreme Court that determines the constitutionality of the maps. The court has ruled that the maps, including the state Senate map, are constitutional. It’s time to go forward with our constitutional maps.

Yes, Republicans have a greater advantage with the state Senate map than Democrats, with 24-of-50 districts favoring the election of the GOP candidate (only 26 needed for the majority). Democrats have 19 structurally favorable districts. There are 7 competitive districts.

And, Republicans also have a greater advantage with the state House map than Democrats, with 56-of-120 districts favoring the election of the GOP candidate (only 61 needed for the majority). Democrats have 47 structurally favorable districts. There are 17 competitive districts.

But, if you do not like the decisions of the North Carolina Supreme Court, then take advantage of the two opportunities you have this year to elect justices more likely to support your interpretation of the state constitution. Both seats on the ballot this fall are currently held by Democrats: Justice Robin Hudson is retiring, and Justice Sam Irvin, IV, is seeking another term.

If Republicans win one of the two races, the court will have a 4-3 Republican majority. A Republican-majority court will have the same authority of judicial review enjoyed by the current Democratic-majority court. Perhaps a Republican court will see the maps differently.

Look for record-breaking spending in 2022 Supreme Court races

According to a Brennan Center study of spending in state judicial races, a record $97 million was spent in 21 states, including in North Carolina, on state Supreme Court races during the 2020 elections. Candidates for the North Carolina Supreme Court raised $7,056,001 in the last campaign. One group, A Better North Carolina, spent $3.4 million on behalf of 3 Democratic candidates for the state Supreme Court.

Candidates who have filed for Justice Hudson’s seat include Democrat Lucy Inman, a judge on the North Carolina Court of Appeals. Inman, who graduated from the UNC School of Law in 1990, reported raising $405,000 year-end 2021. Republican Court of Appeals Judge Richard Dietz has also filed. Dietz graduated from Wake Forest School of Law in 2002 and reported raising $239,000 year-end 2021.

Democratic Justice Sam Ervin, IV, running for another term, graduated from Harvard Law in 1981 and reported raising $382,000 year-end 2021. Two Republicans have filed to challenge Ervin: Trey Allen, a graduate of the UNC School of Law in 2000, who reported raising $292,000 year-end 2021. Also filing as a Republican is Court of Appeals Judge April Wood, a graduate of Regent University School of Law. Wood reported raising $132,000 year-end 2021.

A perfectly balanced battleground state

On November 4, 2021, the North Carolina General Assembly drew a congressional map that gave Republicans an advantage in 10 districts, Democrats an advantage in 3 districts, with 1 tossup district. The congressional map approved last night by the North Carolina Supreme Court for the 2022 races gives Republicans an advantage in 6 districts, Democrats an advantage in 6 districts, with 2 tossup districts. Although balanced fairness is not required in our state constitution, clearly the 2022 map is a better reflection of who we are in North Carolina, a perfectly balanced battleground state.

How balanced? The average Republican and Democratic winning percentages in all 35 of our most recent statewide races (15 Court of Appeals, 7 Supreme Court, 10 Governor and Council of State, 2 U.S. Senate and 1 US President) is 50.1% Republican and 49.3% Democratic. Perfectly balanced.

Today, February 24, 2022, candidates are beginning to file to run in North Carolina districts originally drawn by the legislature and now cured as constitutional by way of judicial review, a doctrine established by the US Supreme Court ruling February 24, 1803 in Marbury v. Madison.

It’s a wonderful day to be an American, a nation of laws; a North Carolinian, a state of laws.

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John N. Davis

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