Last week, Governor Roy Cooper was hit with two legal denials in one day.
And a third followed the next day.
The Supreme Court ruled against the bid to hold special elections in 2017 as it pertains to the Covington v. North Carolina suit.
The Supreme Court order was a one-liner which read, “The application for issuance of the judgment forthwith, presented to The Chief Justice and by him referred to the Court, is denied.”
Senator Berger tweeted about the ruling:
— Senator Phil Berger (@SenatorBerger) June 15, 2017
Cooper had recently attempted to force redistricting to begin, by trying to call a special session of the General Assembly. Cooper’s Proclamation for the special session was quickly killed by the legislature.
The Governor failed to properly secure advice from the Council of State and the circumstances were not deemed ‘extraordinary’.
The Governor, while he can call for a special session, also plays no role in redistricting.
“Gov. Cooper has no constitutional role in redistricting, and we have no order from the courts to redraw maps by his preferred timeline,” said Sen. Ralph Hise (R-Mitchell) and Rep. David Lewis (R-Harnett)in a joint statement.
This denial by the Supreme Court will likely end the three-judge panel in the federal Middle District court in Greensboro which said last Friday in a filing that the, “Court intends to act promptly on this matter upon obtaining jurisdiction from the Supreme Court.”
Critics pointed out that both Governor Cooper and the Middle District panel were acting prematurely, as the Supreme Court had not yet ruled.
Given the ruling handed down by the SCOTUS, it appears those critics were right.
The second denial came from a 3-judge Superior Court panel who ruled against Cooper’s request to stay the implementation of a law which creates a Bipartisan Elections and Ethics Board.
The panel consisted of Judges Jesse B. Caldwell III, L. Todd Burke and Jeffrey Foster.
This is the same panel who earlier this month unanimously dismissed Governor Cooper’s lawsuit against the General Assembly over the creation of the Bipartisan Elections and Ethics Board.
Read the Superior Court most recent ruling rejecting the motion for a stay:
On Friday morning, the Governor filed an appeal for a stay to the NC Court of Appeals.
Cooper’s request was denied by the Court of Appeals that same afternoon, leaving the new ethics commission in place until the courts hear the case.
— Josh Lawson (@josh_lawson) June 16, 2017