Editorial: Courts should have no favorites when laws are broken

CBC Editorial: Wednesday, March 15, 2023; editorial #8831

The following is the opinion of Capitol Broadcasting Company

We wonder, and every North Carolinian should be concerned, that the current leaders of our state Supreme Court truly understand their role, duties and obligations.

Let’s start with the basics. Why do we have courts in North Carolina?  Because we are a state and nation of laws.

To that end we have federal and state constitutions to set out how we want to govern ourselves, assigning the responsibilities for it and providing for checks and balances so it is the people’s will, not the whims of officeholders or powerful individuals, that rules.

We have a legislative branch of government, freely and FAIRLY elected to represent the people and enact the laws we live under. We have an executive branch to administer the laws and operate the agencies and services to the benefit of all.

And, VERY SIGNIFICANTLY, we have a judicial branch of government to make sure the laws are fairly and fully obeyed by the people as well as the legislative and executive branches of government.

When the courts, after due process, determine laws are being broken, they can assess punishments – such as fines or imprisonment when criminal laws are involved or assign corrective actions when civil laws are at issue.

That is why we are a democracy.

To that end, the North Carolina courts have examined whether other branches of state government have:

• Upheld the law concerning providing every child in the state with access to a quality education.
• Assured all voters carry the same clout in the election of their representatives in Congress and the state legislature.
• Made sure no one is denied access to the right to vote because of their race and any limits on the kinds of photo identification required.

In each case until now, the courts have done their job – heard evidence, concluded after a full and fair hearing whether the law has been followed, rendered a verdict and, when necessary, directed corrective action. The justices take seriously the oath they swore to “support, maintain and defend” and our State Constitution.

In recent statements and actions, the current state Supreme Court seems to be entertaining an alternative view of their duties. Current Chief Justice Paul Newby is suggesting the legislature is the final arbiter in its obligations.

When the legislature fails to provide the resources so every child has access to a quality education, that’s just the way it is since he seems to contend it is ONLY the job of the legislature to appropriate money. If it doesn’t provide what’s needed for a quality education, so be it.

When it comes to making sure every voter has a full voice in electing their representatives that it doesn’t matter if they rig election districts to assure a minority of voters – who will keep current leaders in power in perpetuity – elect the most legislators.

It is no empty sentiment that our state Constitution explicitly says: “The legislative, executive, and supreme judicial powers of the State government shall be forever separate and distinct from each other.”

When other branches of government fail to do their jobs as the state Constitution requires, it is the courts’ job to say so, impose its judgment and make sure those who violate the laws take action to obey them.

Bending to partisan convenience isn’t just playing politics, it is an affront to our democracy.

The law is clear. Our courts, even the state Supreme Court, need to do the job our Constitution demands.

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