N.C. STATE CONFERENCE OF NAACP v. MOORE

No. 261A18-3.

876 S.E.2d 513 (2022)

2022-NCSC-99

NORTH CAROLINA STATE CONFERENCE OF the NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE v. Tim MOORE, in his official capacity, and Philip Berger, in his official capacity.

Supreme Court of North Carolina.

Filed August 19, 2022.


Attorney(s) appearing for the Case

Southern Environmental Law Center, by Kimberley Hunter and David Neal ; and Irving Joyner , Durham; and Forward Justice, by Daryl V. Atkinson , Caitlin Swain , and Kathleen E. Roblez , for plaintiff-appellant.

Nelson Mullins Riley & Scarborough LLP, Raleigh, by D. Martin Warf and Noah H. Huffstetler, III , for defendant-appellees.

ACLU of North Carolina Legal Foundation, by Jaclyn Maffetore , Leah J. Kang , and Kristi L. Graunke , for American Civil Liberties Union of North Carolina, amicus curiae.

Paul Hastings, LLP, by Lindsey W. Dieselman , for Brennan Center for Justice at New York University School of Law, amicus curiae.

Appellate Advocacy Clinic, Wake Forest University School of Law, by John J. Korzen , for Democracy North Carolina, amicus curiae.

Womble Bond Dickinson (US) LLP, Raleigh, by Pressly M. Millen , for Former Chairs of the North Carolina Judicial Standards Commission, amici curiae.

Abrams & Abrams, Raleigh, by Douglas B. Abrams and Noah B. Abrams ; and Whitfield Bryson LLP, Raleigh, by Matthew E. Lee , for North Carolina Advocates for Justice, amicus curiae.

Jeanette K. Doran , for North Carolina Institute for Constitutional Law and John Locke Foundation, amici curiae.

Robinson, Bradshaw & Hinson, P.A., by Robert E. Harrington , Adam K. Doerr , Charlotte, Erik R. Zimmerman , Chapel Hill, and Travis S. Hinman , Charlotte, for North Carolina Legislative Black Caucus, amicus curiae.

Wallace & Nordan, L.L.P., by John R. Wallace , Raleigh, and Lauren T. Noyes ; and Freshfields Bruckhaus Deringer US LLP, by Aaron R. Marcu , pro hac vice, and Shannon K. McGovern , pro hac vice, for North Carolina Legislative Black Caucus, amicus curiae.

Tharrington Smith, LLP, by Colin A. Shive , Raleigh, and Robert F. Orr , Asheville, for North Carolina Professors of Constitutional Law, amici curiae.

Stam Law Firm, PLLC, by R. Daniel Gibson , Apex; and John V. Orth, pro se, for Professor John V. Orth, amicus curiae.

Ellen Murphy , for North Carolina Professors of Professional Responsibility, amici curiae.

Michael G. Schietzelt , for Robert H. Edmunds Jr., Barbara A. Jackson, and Mark Martin, Retired Former Justices of the Supreme Court of North Carolina, amici curiae.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Daniel F. E. Smith , Jim W. Phillips, Jr. , Greensboro, Eric M. David , Raleigh, and Kasi W. Robinson , Greensboro, for Roy Cooper, Governor of the State of North Carolina, amicus curiae.

Law Office of Christopher J. Heaney, PLLC, by Christopher J. Heaney , for Scholars of Judicial Ethics and Professional Responsibility, amici curiae.


¶ 1 This case involves completely unprecedented circumstances that give rise to a novel legal issue directly implicating two fundamental principles upon which North Carolina's constitutional system of government is predicated: the principles of popular sovereignty and democratic self-rule. The issue is whether legislators elected...

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