Supreme Court to decide lottery's legality

Raleigh, N.C. — Lottery opponents on Monday appealed a lawsuit challenging the creation of the North Carolina Education Lottery to the state Supreme Court.

In March, the state Court of Appeals rejected claims that the lottery was created illegally three years ago. The split decision by the appellate court allowed lottery opponents to appeal the case.

After a lottery bill was rushed through the General Assembly in August 2005, passing the Senate on a day when some lawmakers who would have voted against it were absent, opponents sued to block the lottery. They maintained that, under state law, the bill needed to go through three hearings on separate days because it raised revenue for the state.

“While the intent of the legislature may have been noble, good intentions do not trump the constitution,” Jeanette Doran, senior staff attorney at the North Carolina Institute for Constitutional Law, said in a statement. "The General Assembly does not get a free pass to ignore inconvenient constitutional mandates just because legislators might mean well.”

The institute filed the appeal on behalf of the Wake County Taxpayers Association, the North Carolina Family Policy Council and several individuals, including state Rep. Paul Stam, R-Wake.

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Latest Comments

If the lottery is struck down, does this mean the state will return my losses?

Southern Fried Yankee
May 20, 2008 7:19 a.m.

Look...I'm a Conservative Republican if there ever was one...but don't make this ordeal with the lottery a political debate. The fact of the matter is, the State of NC was getting hammered in lost revenue to surrounding states lotteries...if our citizens are going to play the lottery, lets keep our money at home and invest it in our own needs in our state. I hope our Conservative Supreme Court will not undue something that will cause complete havock!!

napdog123
May 19, 2008 5:30 p.m.

We'd be "backwards hicks" if we didn't have the lottery?? Ridiculous. What was cheap and red-neck like was the way in which the bill was passed-when several lawmakers had left town, thinking the bill has been dealt with (defeated). Then, Jim Black, in his almost incomprehensible oral presentation of the bill (sounded like he was running an auction) brought it before the Assembly again. Talk about backwards hicks!! Of course, Mr. Black is reading this blog from state prison now.

My you Democrats must be so proud.

doobedobedoodoo
May 19, 2008 5:02 p.m.

The lottery should be struck down based on the un-Constitutional manner it was approved. Then the legislature would be very quick to approve it legally in order to keep the lottery in operation. At least the legislators would know they can't get away with good-old-boy backroom politics like this embarrassing episode. You can't fudge your taxes and get away with it, so why can the legislators fudge the legistlative process?