VOLUME 5 ISSUE 25
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WWW.NSJONLINE.COM |
WEDNESDAY, AUGUST 12, 2020
the Wednesday
NEWS BRIEFING
NC positive COVID-19 rate falls to 5% Raleigh Tuesday’s data from the N.C. Department of Health and Human Services showed the rate of positive COVID-19 tests is now at 5%, after staying in the 7% to 9% range in June and July. The state also recorded less than 1,000 new daily cases this week, down significantly from 2,344 on July 30. Tuesday also brought the first confirmed case of the novel coronavirus in a dog, when the N.C. State Veterinary Hospital said a client arrived with their dog demonstrating signs of respiratory distress. The dog, unfortunately, succumbed to the illness. NSJ STAFF
Judge rules against lieutenant governor in lawsuit Raleigh Judge James Gale said Tuesday that Lt. Gov. Dan Forest “failed to demonstrate he is likely to succeed on any claims for relief” and denied a preliminary injunction in the lawsuit concerning Gov. Roy Cooper’s executive orders. Democratic Attorney General Josh Stein took to Twitter to write, “we won,” adding Gov. Cooper’s orders remain in effect. NSJ STAFF
Azar visit to Taiwan is fresh thorn in prickly USChina ties Taipei, Taiwan An ongoing visit by U.S. Health and Human Services Secretary Alex Azar to Taiwan will likely exacerbate mounting tensions between Washington and Beijing. The visit makes him the highest-level U.S. official to visit the self-governing island since formal diplomatic relations were severed in 1979 in deference to China. “This visit represents an acknowledgement of the United States and Taiwan’s deep friendship and partnership across security, economics, health care, and democratic open transparent values,” Azar said. Azar said the island’s success in dealing with COVID-19 was a “tribute to the open, transparent, democratic nature of Taiwan’s society and culture.” THE ASSOCIATED PRESS
Wake sheriff sued over pistol purchase permit delays Raleigh Grass Roots North Carolina, a pro-Second Amendment rights group based in the state, says Wake County Sheriff Gerald Baker is refusing to comply with a consent decree to process pistol purchase permits within the 14 days period required by state law. “In what is now the third lawsuit filed against Wake County Sheriff Gerald Baker over his refusal to follow state law regarding issuing handgun permits, Grass Roots North Carolina intends to ensure citizens’ rights are respected. Sheriff Baker seems to think he is above the law,” GRNC president Paul Valone said in a statement. Baker also faced criticism in March, when the office attempted to stop issuing permits due to COVID-19. NSJ STAFF
Carolina Country Music Fest canceled for 2020 Myrtle Beach, S.C. One of the biggest tourist draws to South Carolina’s coast is the latest to succumb to the coronavirus pandemic. This year’s Carolina Country Music Fest in Myrtle Beach is now scheduled for June 10–13, 2021. The lineup for this year’s event was set to feature 30 country bands and artists, including Luke Combs, Darius Rucker, Eric Church and Jake Owen. THE ASSOCIATED PRESS
DAVID J. PHILLIP | AP PHOTO
Harris chosen as Biden's running mate In this Sept. 12, 2019, file photo, Democratic presidential candidate former Vice President Joe Biden, left, and then-candidate Sen. Kamala Harris, D-Calif. shake hands after a Democratic presidential primary debate hosted by ABC at Texas Southern University in Houston. Biden has chosen Harris as his running mate.
NORTH
Rise in national homicide rate hits home in NC
JOURNaL
Charlotte and Greensboro ask the public for help
STATE ELEVATE THE CONVERSATION
NC Institute for Constitutional law says lawsuit on Opportunity Scholarships is ‘meritless’ NCAE complaint uses attacks on religion, parental choice By A.P. Dillon North State Journal
“That’s a big hurdle to get past — to say that the choices of parents are blocked or should be blocked because they are attributable to government. No, they’re not. As a parent, if you pick a religious school…you are picking a religious school. No one is forcing these parents or any other parent to choose a religious school.”
RALEIGH — A North Carolina constitutional policy group has characterized the lawsuit filed by a teacher’s union affiliate over the state’s Opportunity Scholarship Program as “meritless.” The N.C. Institute for Constitutional Law (NCICL) has published a brief outlining the main points of the complaint filed by the N.C. Association of Educators (NCAE). NCICL is a 501(c)3 non-profit that seeks to educate policy and lawmakers on N.C. constitutional law issues. The NCAE is an affiliate of one of the Jeanette Doran, NC Institute for two largest teacher unions in the Constitutional Law president country, the National Education Association (NEA). During the 2019–20 school “The main thrust of the lawsuit attacks the rights of parents year, 12,284 kids were in the proto choose and is an attack on reli- gram. Demand is high, as the progious schools in general,” said Jea- gram sees between 800-900 chilnette Doran, President of NCICL. dren waitlisted annually. Over The plaintiffs’ objections to re- 11,000 new applications have ligious schools take up over 66% come in for the upcoming year so of the complaint, which trans- far, but there will likely be only lates to 24 out of 39 total pages. around 3,000 open seats. NCICL’s brief summarizes Doran noted that the Opportunity Scholarship Program (OSP) is the lawsuit’s three main claims, voluntary and does not require a which assert that the OSP viofamily to apply for the funds nor lates the state constitution. The to use the OSP funds to attend a NCAE suit claims that the OSP subjects plaintiffs to religious disreligious school. The NCAE and their plaintiffs crimination and interferes with are seeking to have the courts rule their rights of conscience; disthe OSP unconstitutional, as it is criminates on the basis of relicurrently being implemented, un- gion, sexual orientation, gender der the North Carolina Constitu- identity and transgender status; tion. They are asking for a per- and funds schools in an arbitrary manent injunction to stop the and capricious manner not valid selection of scholarship recipi- under constitutional authority. The NCICL brief says that ents, as well as any further disbursements or appropriations these claims “are all meritless.” “What they’ve done is chalfrom the Reserve Fund. The OSP grants up to $4,200 lenge the way the program is ima year for tuition to participating plemented,” said Doran, noting private schools, which are cho- that the biggest weakness of the sen by the applicant’s family. The NCAE’s suit is trying to prove scholarships serve low-income the public funds used for the profamilies that meet certain income gram aren’t accomplishing a pubthresholds and other criteria to be See EDUCATION page A2 eligible.
By David Larson North State Journal RALEIGH — Mecklenburg County Sheriff Garry McFadden and Greensboro Police Chief Brian James each made public pleas to their respective cities this summer to put a halt to spiraling murder rates. Cities across North Carolina and the country have been seeing similar increases, with a Wall Street Journal report on Aug. 2 showing a 24% average increase in homicide in America’s 50 largest cities so far in 2020. After a rash of homicides in Greensboro to start July, James
held a press conference to address the issue. “In the first seven days of July, we’ve had seven homicides in the city of Greensboro,” James began. “I stand before you today asking the community’s help in reducing and solving these senseless acts of violence.” James said the 29 homicides that the city had seen so far dwarfed what his department was used to seeing. “We’re in uncharted territories,” he said. “In my time in the police department over 24 years, we’ve never seen this many homicides at this point in the year. I remember a time when the 20s, more or less, would be our total for the entire See HOMICIDE page A2
Yet another lawsuit filed over NC election laws By Matt Mercer North State Journal RALEIGH — Marc Elias, the lawyer who is leading efforts in several states to loosen restrictions on absentee ballot procedures, announced Monday night a new suit filed in N.C. The new lawsuit seeks to add the state to at least 14 others being pushed to enact the so-called “four pillars” in advance of the November general election. The requirements listed on the Democracy Docket website are: 1) free or prepaid postage paid for by state government, 2) ballots postmarked on election day must count, 3) eliminating signature-matching laws, and 4) allow partisan organizations to collect and deliver ballots, also known as ballot harvesting. Elias tweeted Monday, “We just filed another Four Pillars lawsuit in North Carolina! The state must provide accessible vote by mail AND safe in-person voting.” Previously, Elias was involved in state and federal redistricting lawsuits, and he represented Democratic congressional candidate Dan McCready in the 9th District fraud case. The lawsuit was filed on behalf of the Redistricting Foundation and the Alliance for Retired Americans. The Redistricting Foundation is aligned with Eric Holder’s National Democratic Redistricting Committee, and the Alliance for Retired Americans is the retired union member affiliate of the AFLCIO. The “four pillars” have only been fully enacted in one state, Washington, with 10 states having enacted three. Six states have zero, in-
cluding heavily Democratic states like Connecticut and Massachusetts. The N.C. State Board of Elections (NCSBE) released a FAQ on Monday, Aug. 10, saying that at least seven times as many absentee by-mail requests have been submitSee ELECTION LAWS page A2