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    GENERAL ASSEMBLY NEWS 
 
Our View: Judges may give us our democracy back
Fayetteville Observer // Opinion // August 28, 2018

Summary: Has the North Carolina General Assembly’s gerrymandering finally become so blatant and destructive of democracy that the courts will end politically inspired redistricting for good? Maybe. In fact, it’s beginning to look that way. A three-judge federal panel has now ruled twice that North Carolina lawmakers pushed political gerrymandering beyond any reasonable limits and created electoral districts that stomp on the soul and principles of democracy. The first ruling, tinged with considerable judicial outrage, was appealed to the U.S. Supreme Court. The justices used their last term to duck several similar issues, sending our case and several others back to the lower courts for review. This week, the panel that reviewed the North Carolina case came back with an even stronger rebuke to the architects of this state’s electoral maps. Writing for the judicial panel, Judge James Wynn of the U.S. Court of Appeals 4th Circuit said that, “We continue to lament that North Carolina voters now have been deprived of a constitutional congressional districting plan — and therefore, constitutional representation in Congress — for six years and three election cycles.” Giving the lawmakers another shot at redrawing the map, he said, “would further delay electing representatives under a constitutional districting.” The judges said they’re not inclined to give the lawmakers another chance, but may instead appoint a special master to do the job for them.

Legislative Republicans covet power. They must be checked.
N&O // Editorial Board // August 28, 2018

Summary: In one day that reflects the train wreck that is the N.C. legislature:
▪ A three-judge federal panel said North Carolina’s 13 U.S. House districts, drawn by the legislature, were gerrymandered for partisan reasons and need to be re-drawn. Another panel of judges had found an earlier version of the districts were unconstitutional racial gerrymanders.
▪ Legislative leaders re-wrote language describing two proposed constitutional amendments after Gov. Roy Cooper sued them and state judges said the language was misleading. Every living former N.C. governor and Supreme Court chief justice, representing both political parties, called on voters to reject the two amendments, which would shift power to the legislature, as originally written. 
▪ The state Court of Appeals cleared the way for Chris Anglin, a state Supreme Court candidate, to be listed as a Republican on the fall ballot. Republican legislators, fearing that Anglin is a Democrat trying to split the GOP vote, had moved to keep his party affiliation off the ballot, changing their own rules in midstream.  These three developments might seem to be unrelated, but actually, they are deeply intertwined. Each is indicative of the Republican legislative leadership’s willingness to do anything to hold on to power and even to expand it. 

NC legislative leaders to ask Supreme Court to halt judges’ order to redraw districts
N&O // Will Doran // August 28, 2018
Summary: The U.S. Supreme Court should quickly rule against a lower court that on Monday found North Carolina’s Congressional districts are illegally gerrymandered, the state’s top legislators said Tuesday afternoon. House Speaker Tim Moore and Senate leader Phil Berger lead the Republican-controlled General Assembly that’s in charge of drawing the maps used to elect members of Congress. In a written statement, they said they plan to ask the Supreme Court to step in and issue a stay in a court case that Berger, Moore and other legislators lost on Monday in front of a panel of three federal judges. “In yesterday’s decision, the three-judge panel forecasted voiding the results of primaries and canceling the November election for Congress,” their statement said. “Such an action would irreparably disrupt campaigns from both major parties across the state that have been organizing, raising money and trying to win over voters.”

STU EGAN: Can Mark Johnson's #NCReads Tips help to understand Constitutional amendments?
WRAL // CBC Opinion // August 28, 2018

Summary: Every week, State Supt. Mark Johnson releases an “NC Reads Reading Tip” on his Twitter account to give suggestions to parents and guardians about how to help foster and greater love of reading at home.Considering those who have propped up Johnson as the state’s leader of the public school system also intentionally wrote the text for the constitutional amendments to be confusing and opaque, maybe using some of the NC Read Reading Tips to try and understand these six amendments would be helpful. It could show whether the tips are helpful and/or show the clarity that is not present in the General Assembly’s wording of the power grabbing amendments they hope to confuse voters with.
  GOV. COOPER NEWS  
 
Defense contractor is expanding in Fayetteville, adding 208 jobs
N&O // Craig Jarvis // August 28, 2018

Summary: Defense contractor Booz Allen Hamilton will add 208 jobs in Fayetteville in exchange for about $2 million in state and local financial incentives, it was announced Tuesday. The N.C. Economic Investment Committee approved the state grant at its monthly meeting in Raleigh Tuesday morning. Gov. Roy Cooper made the formal announcement in Fayetteville a short time later with local and state economic developers and the company’s vice president, Joseph Dodd. “Booz Allen Hamilton is expanding here thanks to Cumberland County’s workforce, which is strengthened by the military spouses and veterans who live and work around Fort Bragg and surrounding bases,” Cooper said.

Dowa Thermotech to open plant in Lee County
Fayetteville Observer // Michal Futch // August 28, 2018

Summary: A global provider of industrial furnaces and heat protection treatments will be opening a facility in Lee County that will create 109 jobs, Gov. Roy Cooper announced Tuesday. The Japan-based Dowa Thermotech Co. Ltd. expects to invest $22.5 million in Sanford with plans to serve clients in the automotive and industrial machinery supply chains, a news release said. Once the company fills all of the positions announced Tuesday, the release said, the annual payroll impact of the new jobs will be more than $3.8 million. “Dowa Thermotech is the latest example of an international company choosing North Carolina as the perfect location to do business,” Cooper said in the release. “North Carolina competes with the top locations anywhere in the world, thanks to our strong business environment, world-class workforce and high quality of life.” With headquarters in Nagoya, Japan, Dowa Thermotech is a subsidiary of Dowa Holdings Co. Ltd. The business operates “in a wide range of industry sectors, including nonferrous metals, metal processing and environmental management and recycling,” the release said.
 
 OTHER 

Midterms

Will Trump’s base ever waver? Probably not, says NC Trump backer
N&O // Ned Barnett // August 28, 2018

Summary: No presidential candidate or president has been able to absorb bad news without losing support the way Donald Trump has. If you want to know why, talk to Paul Duffy of Rocky Mount. Duffy, 72, recently wrote a letter to The News & Observer to say that the media do not give the president enough credit. Duffy, a native of Oxford, is a lawyer who graduated from Atlantic Christian College (now called Barton College) and UNC law school. He’s also an Army veteran of the Vietnam War. After Trump’s rough week last week, I called him to fathom the depth of his support. l started with a barrage of “what about” questions regarding Trump’s flaws. It was like firing a BB gun at a tank.

Gerrymandering

What would a new congressional map look like in NC? Here’s one possibility.
N&O // Brian Murphy // August 28, 2018

Summary: Rep. Mark Walker of Greensboro is the chairman of the influential Republican Study Committee in the U.S. House. Rep. George Holding of Raleigh is a three-term incumbent who sits on the powerful committee that re-wrote U.S. tax laws over the past two years. But under a redistricting plan touted by federal judges as a possible replacement for November’s elections, Walker and Holding would be running for re-election in majority Democratic districts. The map would give Democrats an edge in six of North Carolina’s 13 congressional districts, a potential swing of three seats from the current 10-3 split in favor of Republicans. “It’s a little frustrating. You build relationships in these small towns and communities. At the same time, it’s out of our control,” Walker said. “If we have to get out here and establish new relationships, we’ll do it. Whoever we’re representing, we hope they’re proud enough to continue to send us back to Washington.”

With Latest Gerrymandering Ruling, Outlook of NC Congressional Elections Uncertain
WFAE // Steve Harrison // August 28, 2018
Summary: 
Monday's ruling by a three-judge panel that North Carolina's current Congressional maps are unconstitutional could mean the current election schedule for those race is scrapped this year, leaving the state and both political parties scrambling to determine what comes next, nine weeks before the general election. The state Republican Party decried the ruling as causing "unmitigated chaos."  The chair of the N.C. Democratic Party, Wayne Goodwin, said Tuesday that postponing the Nov. 6 general election until new maps could be drawn would be a "prudent option." He said the state has gone six years with what he said are unconstitutional maps, and that it shouldn't hold another election with the current Congressional boundaries.

Will we have an election in November?  Answers to your questions on gerrymandering lawsuit.
N&O // Will Doran, Brian Murphy // August 28, 2018
Summary: With North Carolina’s Congressional districts ruled — yet again — to be unconstitutionally gerrymandered on Monday, the state’s November elections are suddenly up in the air. The ruling from a three-judge panel says North Carolina is not allowed to hold elections for its 13 members of the U.S. House of Representatives until it changes the districts that they are campaigning to represent. NC legislators on Tuesday said they would ask the Supreme Court to intervene, but there’s no guarantee the justices will do so.  

The North Carolina Primaries Just Became a Logistical Nightmare
Esquire // Charles P. Pierce // August 28, 2018

Summary: The Republicans in the North Carolina state legislature, who fully intend to hang onto power with the open-minded enthusiasm of a leopard to a wildebeest, have managed to throw that state's system of elections into utter and complete chaos. That may be what they had in mind, or it might just be a happy consequence of being a caucus full of undemocratic yahoos. Nonetheless, they keep drawing new and unfair district maps, and the courts keep lighting those maps on fire right under the legislature's nose, and the legislature comes back with a worse one and, now, it's all come to this.  Why a democratically-elected legislature should insist on such an undemocratic course of action, over and over, and in the face of repeated haymaker from the state judiciary, doesn't make any sense at all until you realize that denying some Americans the ballot is now the official policy of the Republican Party in this country at every level of government. The GOP is nowhere the friend of the franchise. It is committed to suppressing the vote by any means necessary. That is as essential a part of modern Republican ideology as supply-side voodoo and fetus-worship. One of America's two major political parties simply does not want its political opponents to vote, and it will use the institutions of purportedly democratic government to prevent it. Where is the North Carolina Republican who will stand up and against this costly comic opera that's gone on for 11 years now? Where is the national Republican who, instead of dealing in fantasies of mass voter fraud, will call for a revived Voting Rights Act and fair elections? Why am I asking questions to which I already know the answer? Don't take my word for all of this.

Judges: N Carolina Congress Map Unlawful With Partisan Bias
US News // Gary Robertson // August 27, 2018

Summary: Federal judges have affirmed their earlier decision striking North Carolina's congressional districts as unconstitutional because Republicans drew them with excessive partisanship, after the U.S. Supreme Court ordered the case be re-examined. The three-judge panel ruled Monday again for election advocacy groups and Democrats who sued to challenge North Carolina's congressional boundaries. Judges previously deemed the map an illegal partisan gerrymander that violated constitutional protections of Democratic voters. But the Supreme Court ordered them in June to take a second look based on a Wisconsin redistricting case in which justices found plaintiffs hadn't proven they had the right to challenge the lines.

North Carolina Is Ordered to Redraw Its Gerrymandered Congressional Map. Again.
New York Times // Michael Wines, Richard Fausset // August 27, 2018

Summary: A panel of three federal judges again declared North Carolina’s congressional district map to be unconstitutional, ruling on Monday that it was gerrymandered to unfairly favor Republican candidates. The decision, which may have significant implications for control of Congress after the midterm elections, is likely to be appealed to the United States Supreme Court, which for the moment is evenly split on ideological lines without a ninth justice to tip the balance. Though North Carolina’s voters tend to divide about evenly between the two parties, Republicans currently hold 10 of the state’s 13 House seats. A redrawn district map may put more of the seats within Democrats’ reach. The three judges had ruled unanimously in January that the state’s House map violated the First and 14th Amendments by unfairly giving one group of voters — Republicans — a bigger voice than others in choosing representatives.

Federal court again orders North Carolina congressional districts redraws
Fox News // Samuel Chamberlain, Bill Mears // August 27, 2018

Summary: A federal court in North Carolina ruled again Monday that the state's congressional districts must be redrawn and suggested that November's scheduled general election may need to be postponed. The three-judge panel found that the election advocacy groups and Democrats who brought an initial lawsuit challenging North Carolina's congressional map had standing to do so under the Constitution's Equal Protection Clause. The panel initially had rejected the boundaries in a January ruling that said Republican legislators had unconstitutionally redrawn the districts to give the GOP an insurmountable advantage in most seats. Currently, North Carolina is represented by 10 Republicans and three Democrats in the House of Representatives. The Supreme Court declined to hear the case in June, instead ordering the lower court to examine whether the plaintiffs had standing to bring the case.

Constitutional Amendments 

Our Opinion: North Carolina's proposed constitutional amendments need to be defeated
Greensboro N&R // Editorial Board // August 28, 2018
Summary: The General Assembly really wants to amend the state constitution. Legislators really want to get their words on the ballot, so you can ratify them in November and allow those words to permit lawmakers to take more control of your lives. And that, in simple words, is what all this wrangling about wording in Raleigh has been about this past month. Catch your breath and get ready for another riff: In June, on the last day of the General Assembly’s short session, lawmakers passed, without input from any delegate who isn’t designated with an “R,” those six amendments they want you to consider, giving legislators control of appointments for the judiciary and for commissions that the governor now has; enacting a photo ID framework for voters; lowering the cap of the state income tax rate; protecting the rights of crime victims and a reinforcement of your right to hunt and fish. But in late July legislators realized that the three-person commission responsible for writing the language you would see on the ballot was controlled by two elected Democrats. So they did what they typically do: called a special session, changed that law and wrote descriptions themselves. Gov. Roy Cooper vetoed that change, forcing another special session to override his veto.

2 constitutional amendment bills in NC got a redo. So what’s different this time?
Herald Sun // Will Doran // August 27, 2018

Summary: Legislators on Monday approved their second attempt at writing constitutional amendments, just days after their first attempt was thrown out in court for being potentially misleading to voters. Barring any other legal struggles, the new language passed Monday is expected to replace the old language that the court system found unacceptable — although Democrats said the new versions of the amendments are hardly better than the old ones. Both amendments would transfer power from the governor to the legislature. One involves the N.C. Board of Elections and Ethics Enforcement, and the other is about appointing new judges. “Once again it’s false, it’s misleading,” Sen. Floyd McKissick, a Democrat from Durham, said during Monday’s debate on the Senate floor. The legislature was back in session only because Democratic Gov. Roy Cooper won a lawsuit earlier this month. Cooper successfully argued that the wording of two of the six constitutional amendments Republican lawmakers agreed to put before voters this fall could be misleading.

Ballot measure on right to hunt and fish becomes political flashpoint
Fox News // Andrew O'Reilly // August 27, 2018
Summary: Voters in North Carolina will be asked this November whether or not the right to hunt, fish and harvest wildlife should be enshrined in their state’s constitution. The ballot measure, which easily passed through the Republican-controlled state Senate in June in a 44-4 vote, has become an unexpectedly divisive issue in North Carolina. Supporters argue the amendment would protect certain hunting practices, but opponents claim it's little more than a ploy to draw Republican voters to the polls. If it passes in November, the measure would not change state hunting regulations or modify any existing provisions in state law.  But it would – particularly the language protecting “the right to use traditional methods, to hunt, fish and harvest wildlife” – help ward off any legal challenges to certain hunting methods and the hunting of certain animals.

NC-9 

Iran, Qatar, Hezbollah behind terror in region
Gulf News // Staff // August 28, 2018
Summary: Iran, Qatar and Hezbollah are responsible for the increase in terrorist-related activities across the Middle East, a US congressman has charged. “We should pay attention to Qatar’s continued support of state-sponsored terrorism efforts,” Ted Budd, who represents North Carolina’s 13th Congressional District, has said. “Our efforts to limit Iran’s support for terrorism require cooperation. Qatar’s ongoing support and funding for terrorist groups has been well-documented. It’s of increasing concern that Iranian banks are moving their foreign exchange operations to the Qatar National Bank. We know Iran’s access to foreign currencies is an essential part of the government’s funding and support for terrorism.” Budd said that the Trump administration deserves credit for withdrawing from the “disastrous” Iran nuclear deal. “A lot of pundits did not think President Trump was serious when he threatened to pull out of the agreement, but he showed otherwise. Now that the president has decided to impose ‘snapback’ sanctions on Iran, we can now focus our economic power on the destabilising behaviour of the Iranian government,” he said.

Budd/Harris Fundraiser 

Budd fundraiser featuring Trump: $25,000 for lunch?
Statesville Record & Landmark // John Deem // August 27, 2018
Summary: Donors will plunk down a minimum of $1,000 to attend an invitation-only Friday luncheon with President Donald Trump to benefit the campaigns of U.S. Rep. Ted Budd, whose 13th District covers most of Iredell County, and 9th District GOP nominee Mark Harris, a Baptist pastor from Charlotte. Local Republican leaders originally hoped to hold the event at Trump National Golf Club in Mooresville, but it is now is planned for Carmel Country Club in Charlotte, GOP officials told the Record & Landmark Monday. Trump’s daughter-in-law Lara originally planned to host a fundraiser for Budd Thursday at Trump National, but the president decided he wanted to be part of it, the officials said, so the event was moved to Friday with Harris added to the bill.

Trump expected to attend fundraiser on day McCain lies in state
TMN // Justin Duckham // August 27, 2018
Summary: President Donald Trump is expected to attend a fundraiser in North Carolina on Friday, the same day that Sen. John McCain is scheduled to lie in state in the Capitol’s rotunda. The White House has not listed the fundraiser on the president’s public schedule, but local media has reported that Trump will attend the event on behalf of Rep. Ted Budd and House candidate Mark Harris. The fundraiser will reportedly take place at the Trump National Golf Club Charlotte in Mooresville. In an unsigned email, the Harris campaign acknowledged the fundraiser and said that they are not aware of any changes. The White House did not respond to questions on whether the president will attend the ceremony for McCain or travel to Charlotte for the fundraiser. While McCain’s death on Saturday has been met with an outpouring of support from lawmakers and world leaders, Trump has been notably muted.

GenX

Panel Backs State’s GenX Health Goal
NC Health News // Kirk Ross // August 21, 2018

Summary: A panel of scientists formed last year to address GenX and coal ash contamination has recommended state officials continue to use a health goal for GenX of 140 parts per trillion. During a meeting in Raleigh on Monday, the state’s Science Advisory Board, which reports to the secretaries of the Department of Environmental Quality and Department of Health and Human Services, reviewed the final draft of its GenX report. The 25-page report concluded that the methodology DHHS used for establishing the health goal was appropriate, given the research available on the health effects of GenX. Officials with Chemours, which produces GenX at its Bladen County facility near Fayetteville, has called on the state to adopt a much higher number for the health goal. But the panel of 16 scientists said the state was right to take into account the risk of long-term exposure to sensitive populations such as infants and pregnant women.

Healthcare

GOP Senators Propose to Reinforce Pre-Existing Condition Protections
HealthPayer Intelligence // Thomas Beaton // August 27, 2018

Summary: Half a dozen Republican Senators have introduced a bill that would ensure the Affordable Care Act’s pre-existing condition protections would remain a federal law despite upcoming legal challenges. The Ensuring Coverage for Patients with Pre-Existing Conditions Act would amend the Health Insurance Portability and Accountability Act (HIPAA) to include anti-discrimination safeguards for individuals with pre-existing conditions. Senators Thom Tillis (R-NC), Lamar Alexander (R-TN), Chuck Grassley (R-IA), Dean Heller (R-NV), Bill Cassidy, MD (R-LA), Lisa Murkowski (R-AK), Joni Ernst (R-IA), Lindsey Graham (R-SC), John Barrasso (R-WY), and Roger Wicker (R-MS) introduced the bill in advance of a decision in the landmark Texas v. United States lawsuit.

The clearest sign yet that Republicans are really worried about the new Obamacare lawsuit
VOX // Dylan Scott // August 27, 2018
Summary: Next week, the latest lawsuit that could overturn all or much of Obamacare will come before a federal judge. In that case, brought by Texas and several other states, Trump’s Justice Department argued that the law’s protections for preexisting conditions should be invalidated now that the individual mandate has been repealed. Texas wants the entire law thrown out. It’s clear the litigation has made Republicans in Congress nervous. Democrats are already running heavily on health care for the midterms, and a Trump-endorsed lawsuit that threatens Obamacare’s most popular provisions will only add more fuel to that fire. So late last week, a handful of Republican senators introduced a new bill that they hope will defuse those attacks if the federal courts rule against Obamacare and put the law’s pre-existing conditions rules in jeopardy just before voters head to the polls. The 10 GOP sponsors, led by Sen. Thom Tillis of North Carolina, said the legislation would guarantee protections for people with preexisting medical conditions. But that doesn’t appear to be entirely true — or, rather, it’s only half the story.

Private Equity Merger Includes 8 NC Rural Hospitals, Flying Under the Radar
NC Health News // Michael Graff // August 27, 2018

Summary: On July 23, a private equity company famous for having saved the Twinkie agreed to buy eight hospitals in small communities across North Carolina, but hardly anyone in the state took note. Nationally, financial wire services reported on Apollo Management Group’s $5.6 billion buyout of LifePoint Health that day, and Wall Street investors reacted by bumping LifePoint’s stock from $48 to $65 per share overnight. But local news outlets in the communities where the hospitals were based didn’t receive press releases until days later. CEOs, local governments and health care system officials made little effort to relay the news to people in the towns they serve. In the weeks that followed, Carolina Public Press requested interviews with CEOs across LifePoint Health’s North Carolina hospitals, hoping to answer one overarching question: What will it mean for the communities involved?

Triangle, Charlotte Customers Get Biggest Share of Blue Cross ACA Rate Cuts
NC Health News // Mark Tosczak // August 23, 2018

Summary: When Blue Cross and Blue Shield of North Carolina announced, in late July, that average premiums for Affordable Care Act plans would decline by 4.1 percent for 2019, it said some customers would see big cuts while others would see modest increases, depending on where they lived. On Wednesday, the company revealed which parts of the state will see lower rates in 2019 and which will pay more for ACA health plans. The winners are about 200,000 people living in or near the state’s two largest urban areas.

DMV 

Long lines in public, but NC had driver's license office for state employees
WRAL // Travis Fain // August 28, 2018

Summary: The state Division of Motor Vehicles ran an invitation-only driver's license bureau for state employees earlier this year as lines grew and wait times ran into hours at public locations around the state. DMV Commissioner Torre Jessup defended the practice Tuesday, likening it to mobile units that the agency sends to large businesses to serve private-sector employees on-site. He said the bureau, located at DMV headquarters in Raleigh, was open to rank-and-file state employees. DMV spokespeople said invites went out via email to workers at 10 state agencies.

‘It’s not secret’: NCDMV explains driver’s license office open only to state workers
N&O // Richard Stradling // August 28, 2018
Summary: Some state employees have been able to skip the long lines at N.C. Division of Motor Vehicles offices this summer by going to a driver’s license office that’s open only to them. The office, on the third floor of DMV headquarters on New Bern Avenue in Raleigh, has been used for years to test new equipment and procedures and to train workers. But starting in January, DMV invited employees at several state agencies to visit the office to get a REAL ID, a new type of driver’s license that satisfies federal identification standards that will take effect in 2020. The existence of the state license office was first reported by WBTV in Charlotte, which referred to it as a “secret driver’s license office” used by “select state employees.” DMV Commissioner Torre Jessup bristled at that characterization, saying emails inviting people to use the office were sent to all employees of nine state departments, including Transportation, Public Safety, Agriculture and Consumer Services and Natural and Cultural Resources.

Confederate Monuments  

UNC sets November deadline to plan Silent Sam's fate
Winston-Salem Journal // Alex Derosier, Jonathan Drew // August 28, 2018

Summary: Leaders of UNC-Chapel Hill were given a three-month deadline Tuesday to figure out how to preserve — and where to put — a Confederate monument torn down by protesters. The resolution approved by the UNC Board of Governors — the board that oversees the state university system  —  doesn't indicate whether they favor returning the statue known as Silent Sam to its former location in a main quad of the Chapel Hill campus. The statue was torn down during a protest last Monday. The Board of Governors' resolution simply directs the Chapel Hill campus chancellor and trustees to develop a plan for the statue's "disposition and preservation" by Nov. 15. The resolution calls for "a plan for a lawful and lasting path that protects public safety, preserves the monument and its history, and allows the University to focus on its core mission of education ..."

Voter Fraud

Undocumented immigrant accused of illegally voting in Bladen County
WECT // Staff // August 27, 2018

Summary: An undocumented immigrant is accused of illegally voting in Bladen County, according to officials with the U.S. Attorney's Office of the Eastern District of North Carolina. Alma Ilzet Mar Escalante, 36, of Mexico, was charged with voting by an alien, officials say. According to a criminal affidavit, Escalante claimed she was a legal citizen when she registered to vote in North Carolina in 2012.


 

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