Category Archives: Courts

Heritage Insider tackles N.C. case that highlights overcriminalization problem

Alex Adrianson of the Heritage Foundation’s “Insider Online” draws attention to a recent U.S. Supreme Court decision in a North Carolina case. There are so many criminal laws on the books that virtually anyone can break a law without even intending to do so. Ignorance of the law, they say, is no excuse. Unless youContinue Reading

Cato’s Tanner asks: What happens next if the high court strikes down Obamacare subsidies?

The U.S. Supreme Court could rule next June that the language of the Affordable Care Act means what it says: that the federal government cannot provide health insurance subsidies to people who live outside states with state-based health insurance exchanges. If the court rules that way, that would not mean an immediate end to Obamacare.Continue Reading

N.C. Court of Appeals rules against former Durham D.A. Cline

A unanimous three-judge panel of the N.C. Court of Appeals has affirmed a trial court’s ruling against former Durham County District Attorney Tracey Cline in her effort to secure email records from the Administrative Office of the Courts. Appellate judges agreed with the trial court that Cline had failed to pursue her public records requestContinue Reading

New Carolina Journal Online features

Barry Smith reports for Carolina Journal Online that the N.C. Supreme Court says the state can make preparations for a second year of opportunity scholarships, pending a final decision in a lawsuit challenging the scholarship program as unconstitutional. Troy Kickler’s Daily Journal highlights a time when congressional fights actually drew blood.

It’s now “reasonable” for police to be ignorant of the law

The “castle doctrine” has long since been abolished, the NSA spies on whomever it wants wherever and whenever (especially thanks to the PATRIOT Act), and decades of poor Supreme Court decisions have slowly eroded on the constitutional right against unreasonable searches and seizures. Today, Reason alerts us to the decision in Heien v. North Carolina, in whichContinue Reading

New Carolina Journal Online features

Michael Lowrey reports for Carolina Journal Online on a ruling from the N.C. Court of Appeals dealing with shooting ranges and property rights. Kristen Blair’s Daily Journal asks which parenting style leads to the best academic results for kids.

N.C. Court of Appeals rules against Duke Energy in Huntersville easement fight

A unanimous three-judge panel of the N.C. Court of Appeals has affirmed a trial court’s ruling against Duke Energy in an easement case pitting Duke against a Huntersville homeowner. Appellate judges agreed with the trial court that Duke Energy had failed to file suit within the six year statute of limitations applicable in the case.Continue Reading

Leef shares with Forbes readers one major concern about the attorney general nominee

George Leef’s latest Forbes column offers one reason why the nomination of Loretta Lynch as the next U.S. attorney general raises concerns. After the tumultuous Attorney Generalship of Eric Holder, what the country badly needs is a replacement who will uphold the law fairly and guard against injustices perpetrated by the government. President Obama’s nomineeContinue Reading