Constitutional Law

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    Collusive Settlements: How Friendly ‘Opponents’ Team Up To Overturn Laws

    “Legislators, regardless of party, have an interest in making sure that the laws they pass are not dismantled through collusive lawsuit settlements between executive agencies and like-minded litigants.” From Andy Jackson’s Jan. 19 analysis of election integrity in North Carolina You may not even…
    Donna Martinez, January 20, 2021
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    A Victory for Wilmington Property Owners

    The Institute for Justice recently announced: IJ clients David and Peg Schroeder are lifelong members of the Wilmington community. After retiring to the mountains, they bought a townhome in Wilmington to preserve their ties to family and friends. Being sure to purchase where vacation rentals were…
    Jon Guze, January 13, 2021
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    25th Amendment: Read Vice President Pence’s Letter To Speaker Pelosi

    Vice President Mike Pence sent the following letter to House Speaker Nancy Pelosi on Tuesday, Jan. 12, 2021. Note the second paragraph in which Vice President Pence declines to invoke the 25th Amendment to remove President Trump from office, noting “it is not a means of punishment or usurpation.”…
    Donna Martinez, January 13, 2021
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    A Topical Discussion of the Right to Bear Arms

    The Liberty and Law Center at Antonin Scalia Law School is publishing a series of articles dealing with “the Second Amendment and civil unrest.” Although the series was originally inspired by the hundreds of violent protests that occurred across the country last summer, the dramatic events that occured last…
    Jon Guze, January 12, 2021
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    Split Decisions Ahead For NC’s Supreme Court? Maybe Not.

    Voters in 2020 gave Republicans more seats on the North Carolina Supreme Court, including elevating Republican Paul Newby to the Chief Justice seat. But Democrats maintain a 4-3 political advantage on the court. So what does it mean for future rulings? That’s the question addressed by Mitch Kokai, the…
    Donna Martinez, January 7, 2021
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    Disturbing threats to religious liberty

    Adam White writes for Commentary magazine about recent developments that bode ill for America’s climate of religious liberty. Indeed, when President Bill Clinton signed RFRA into law in 1993, he alluded to the Founding Fathers who wrote the First Amendment: “They well understood what could happen to this…
    Mitch Kokai, January 4, 2021
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    Supreme Court faces big decisions again in 2021

    Nicholas Rowan of the Washington Examiner highlights key cases for the U.S. Supreme Court in 2021. The Supreme Court is poised to have a blockbuster 2021. Since it began its October term, the court has already weighed in on several big issues. The day before Thanksgiving, it found…
    Mitch Kokai, December 29, 2020
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    This weekend on Carolina Journal Radio

    This weekend’s special year-end edition of Carolina Journal Radio focuses on interesting topics covered during this especially interesting year. Jon Guze analyzes new Justice Amy Coney Barrett’s likely impact on the U.S. Supreme Court, while constitutional scholar Ilan Wurman discusses his introductory book on originalism, the…
    Mitch Kokai, December 25, 2020