Justia Constitutional Law Opinion Summaries

The Supreme Court held that partisan gerrymandering claims present a political question that is nonjusticiable under the North Carolina Constitution, thus overruling the Court's decision in Harper I and affirming the court of appeals' decision dismissing all of Plaintiffs' claims with prejudice.Plaintiffs brought an action alleging that legislative and congressional redistricting plans drawn by the General Assembly in 2021 and then on remand in 2022 are partisan gerrymanders in violation of specific provisions of the North Carolina Constitution. On rehearing, the Supreme Court held (1) this Court's previous holding in Harper v. Hall, 868 S.E.2d 499, 551 (N.C. 2022) that partisan gerrymandering presents a justiciable claim is overruled, and this Court's opinion in Harper v. Hall, 881 S.E.2d 156, 162 (N.C. 2022) is withdrawn and superseded by this opinion; and (2) the court of appeals correctly concluded that partisan gerrymandering claims present nonjusticiable, political questions and dismissed all of Plaintiffs' claims with prejudice. View "Harper v. Hall" on Justia Law

The Supreme Court reversed the judgment of the court of appeals holding that S.B. 824 violates N.C. Const. art. I, 19 and permanently enjoining that law, holding that S.B. 824 does not violate the protections set forth in Article I, Section 19.Pursuant to S.B. 824, registered voters are required to present one of several acceptable forms of identification prior to casting a ballot and require the State to provide free voters identification cards to any registered voter. At issue was whether North Carolina's photo identification statute is constitutional. Plaintiffs moved for a preliminary injunction to enjoin implementation and enforcement of S.B. 824. The trial court denied the injunction. The court of appeals reversed, holding that S.B. 824 violates Article I, Section 19 because it was enacted with discriminatory intent. The Supreme Court reversed, holding that Plaintiffs failed to prove beyond a reasonable doubt that S.B. 824 was enacted with discriminatory intent or actually produces a "meaningful disparate impact along racial lines." View "Holmes v. Moore" on Justia Law

The Supreme Court affirmed the judgment of the trial court finding that Senate Bill 824 (S.B. 824), the statute enacted to require that every voter present one of a few specific forms of photo identification, was enacted with a racially discriminatory purpose, holding that the trial court's findings of fact were supported by competent evidence showing that the statute was motivated by a racially discriminatory purpose.In challenging S.B. 824, Plaintiffs alleged that the law was enacted at least in part with the intent to discriminate against African-American voters. The Supreme Court affirmed, holding (1) the trial court's finding that S.B. 824 was motivated by racial discrimination was supported by competent evidence in the record; and (2) the trial court correctly applied the factors set forth in Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252 (1977) when it found that the law was enacted at least in part with racially discriminatory intent. View "Holmes v. Moore" on Justia Law

The Supreme Court reversed the decision of the business court concluding that the sales of printed materials produced by Petitioner, which was based in Wisconsin, out of state and shipped to its North Carolina customers and their designees lacked a sufficient nexus to North Carolina for the imposition of state sales tax, holding that the business court erred.At issue on appeal was whether the Supreme Court of the United States' decision in McLeod v. J.E. Dilworth Co., 322 U.S. 327 (1944), remained controlling precedent or if subsequent Supreme Court decisions provided an alternative method for determining the constitutionality of North Carolina's sales tax regime. The Supreme Court held (1) the formalism doctrine established in Dilworth did not survive the decisions of the United States Supreme Court in Complete Auto Transit Inc. v. Brady, 430 U.S. 274 (1977) and South Dakota v. Wayfair, Inc., 138 S. Ct. 2080 (2018) so as to render the sales tax regime of North Carolina in violation of the Commerce Clause and Due Process Clause; and (2) North Carolina's imposition of sales tax on the transactions at issue was constitutional under Complete Auto. View "Quad Graphics, Inc. v. N.C. Dep't of Revenue" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the judgment of the trial court determining that Defendant's behavior was sufficiently egregious to warrant the forfeiture of her right to counsel, holding that Defendant was entitled to a new trial.Defendant was charged with attempting to possess a firearm while subject to an ex parte Domestic Violence Protection Order prohibiting the same. After a trial, at which Defendant proceeded pro se, the jury found Defendant guilty. The court of appeals affirmed. Defendant appealed, arguing that the court of appeals erred in holding that Defendant waived her right to counsel or alternatively forfeited her right to counsel. The Supreme Court agreed and reversed, holding (1) the issue of waiver was inapposite because Defendant expressly requested the appointment of counsel; and (2) the trial court erred in its alternate determination that Defendant's behavior was sufficiently egregious to warrant the forfeiture of the right to counsel. View "State v. Atwell" on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals dismissing the complaint in this case involving the removal of a Confederate monument with prejudice, holding that dismissal should have been without prejudice.After the City of Winston Salem decided to remove a Confederate monument from the grounds of the former Forsyth County Courthouse Plaintiff, the United Daughters of the Confederacy, North Carolina Division, Inc., filed a complaint against the City and County seeking the issuance of a temporary restraining order and preliminary injunction enjoining Defendants from taking affirmative action to remove or relocate the monument prior to full adjudication of the respective rights of the parties. The trial court dismissed the case with prejudice, concluding that Plaintiff failed establish standing and failed to state a claim upon which relief could be granted. The court of appeals affirmed. The Supreme Court reversed in part, holding that the trial court (1) did not err by dismissing the amended complaint for lack of standing; but (2) erred by dismissing the complaint with, rather than without, prejudice. View "United Daughters of the Confederacy, N.C. Division v. City of Winston-Salem" on Justia Law

The Supreme Court affirmed the decision of the court of appeals vacating the judgments entered upon Defendant's convictions for multiple serious felonies, including first-degree murder, holding that the record did not support the trial court's determination that Defendant's actions were sufficiently obstructive to constitute a forfeiture of his right to counsel.Defendant was indicted on charges of first-degree murder, attempted first-degree murder, and other crimes. The trial court decided before trial that Defendant's actions forfeited his opportunity to have assigned counsel, and Defendant proceeded pro se. The jury returned guilty verdicts on all offenses, and Defendant was sentenced to life imprisonment for the murder conviction. The court of appeals awarded Defendant a new trial, determining that the trial court deprived Defendant of his constitutional right to counsel by concluding that he had forfeited that right. The Supreme Court affirmed, holding that Defendant was entitled to a new trial because he did not engage in the type of egregious misconduct that would permit the trial court to deprive him of his constitutional right to counsel. View "State v. Harvin" on Justia Law

The Supreme Court affirmed the order of the trial court denying the motion for class certification brought by Plaintiffs, inmates in North Carolina Department of Public Safety (DPS) custody, seeking to represent certain individuals in DPS custody who are being or will be subjected to solitary confinement, holding that the trial court did not abuse its discretion.Plaintiffs filed a class action lawsuit seeking to certify a class of current and future inmates assigned to one of five restrictive housing classifications, alleging that the conditions of confinement constituted cruel or unusual punishment. The trial court denied Plaintiffs' motion for class certification, finding that a certifiable class did not exist. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in concluding that Plaintiffs failed to demonstrate a common predominating issue among the proposed class members. View "Dewalt v. Hooks" on Justia Law

The Supreme Court exercised is constitutional power to address constitutional violations through equitable remedies by affirming and reinstating the trial court's directive instructing certain State officials to transfer the funds necessary to comply with years two and three of the State's comprehensive remedial plan (CRP), holding that this Court has an obligation to safeguard the constitutional rights of North Carolina's schoolchildren.In November 2021, the trial court issued the order before the Supreme Court for review. In the order, the trial court declared that the State had failed to fulfill its constitutional obligations to provide school children, especially those at risk and socioeconomically disadvantaged, their constitutional right to a sound basic education. The trial court ordered the State to transfer the total amount of funds necessary to effectuate years two and three of the CRP. The State Controller sought an order preventing her from being required to comply with the trial court's order. The court of appeals issued a writ of prohibition restraining the trial court from proceeding in the matter. Thereafter, the trial court issued an order removing that transfer directive. The Supreme Court stayed the writ of prohibition and reinstated the trial court's November 2021 directive, holding that the judiciary must fulfill its obligation to protect the fundamental rights of the State's individuals. View "Hoke County Bd. of Education v. State" on Justia Law

The Supreme Court modified and affirmed the decision of the court of appeals upholding the revocation of Defendant's probation, holding that Defendant's confrontation argument under N.C. Gen. Stat. 15A-1345(e) was not preserved.Defendant pleaded guilty to discharging a weapon into occupied property and possession of a firearm by a convicted felon. Later, Defendant's probation was revoked following a determination that he had committed new criminal offenses. On appeal, Defendant argued that the trial court violated his constitutional right to confront witnesses against him at the probation hearing. The court of appeals affirmed, holding that there was no Sixth Amendment violation in this case. The Supreme Court modified and affirmed the judgment below, holding (1) a defendant's arguments under N.C. Gen. Stat. 15A-1345(e) are preserved when a defendant lodges a proper objection or the trial court does not permit confrontation and fails to make a finding of good cause; and (2) the condition requiring a finding of good cause was not satisfied in this case. View "State v. Jones" on Justia Law