Sunday, June 26, 2022

From ScotusBlog: Berger v. North Carolina State Conference of the NAACP

- Click here for it.

Holding: The speaker of the North Carolina State House of Representatives and the president pro tempore of the North Carolina State Senate are entitled to intervene in this litigation challenging North Carolina’s voter-ID law.

Judgment: Reversed, 8-1, in an opinion by Justice Gorsuch on June 23, 2022. Justice Sotomayor filed a dissenting opinion.

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From Ballotpedia: Voter ID in North Carolina.

North Carolina does not require voters to present identification while voting.[1] In 2018, voters approved a constitutional amendment requiring voters to present identification while voting and compelling the North Carolina State Legislature to develop those requirements. In Dec. 2018, the legislature approved Senate Bill 824 (SB 824) establishing those requirements. Gov. Roy Cooper (D) vetoed the bill. The legislature overrode Cooper's veto on Dec. 19, 2018. Both the constitutional amendment and SB 824 became the subject of lawsuits—in federal courts and in state courts—which remain ongoing. Click here to learn more.


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From Ballotpedia: Voter ID laws by state.

As of April 2021, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 21 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[2][3]

The map below displays only those states that require already-registered voters to present identification at the polls on election day as states requiring identification.[4] Federal law requires a new registrant to provide either a driver's license number or the last four digits of his or her Social Security number at the time of registration. Many states that require identification allow voters to cast provisional ballots if they do not have requisite identification. Please see the table below the map for more details and follow the links provided for each state for more information.



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Click here for the website of the North Carolina State Conference of the NAACP.

The National Association for the Advancement of Colored People (NAACP) was founded on February 12, 1909, the centennial of Abraham Lincoln’s birth. A multi-racial group of activists answered ”The Call” for a national conference in response to a vicious episode of white racist violence against Black people in Mr. Lincoln’s hometown of Springfield, Illinois. The racist attack came 10 years after the prototype of such attacks, the ugly racist coup d’etat in Wilmington, N.C. in 1898. The Wilmington terrorism had been condoned and covered over by racist histories, and no one was brought to justice for it. This set the stage, throughout the next decade for similar attacks across the South. When these pogroms reached Lincoln’s hometown, it sparked enough outrage among some white progressives to put out a call to action which said, in part:

“We call upon all the believers in democracy to join in a national conference for the discussion of present evils, the voicing of protests, and the renewal of the struggle for civil and political liberty.”

Many distinguished leaders responded to this Call, including Ida Wells-Barnett, W.E.B. DuBois, Henry Moscowitz, Mary White Ovington, Oswald Garrison Villiard, and William English Walling. With many years of hard work, they and hundreds of thousands of other members have built the NAACP into the oldest and largest civil rights organization in the United States.


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From Wikipedia: Federal Rules of Civil Procedure.

The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body.

Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts, although 35 of the 50 states have adopted rules that are based on the FRCP.