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Trumped up Justice Riggs complaint shows how low NC Republicans will stoop | Opinion

Allison Riggs, Democratic candidate for NC Supreme Court
Allison Riggs, Democratic candidate for NC Supreme Court

What is the most sure-fire way to determine how many Democrats are on the North Carolina Supreme Court? Just find out how many justices have had ethics complaints filed against them by Republicans for engaging in clearly constitutionally protected speech.

After years of harassing Justice Anita Earls, Republicans have decided to move on to Justice Allison Riggs. Surprise, surprise.

Gene Nichol
Gene Nichol

In early October, Sen. Buck Newton, a Wilson County Republican, filed a “confidential” ethics complaint against Riggs for running an ad that said, outrageously, that “as women, we should be in charge of our own reproductive health.”

There’s a lot Republicans don’t want uttered during this electoral season. They’ve had enough of these uppity women jurists. Time to unleash the Republican-dominated Judicial Standards Commission on them.

Once again, independent judicial review is on the chopping block. It’s not enough that Republicans have given us the most hyper-partisan, constitutionally transgressive legislature in North Carolina history and the most hyper-partisan, constitutionally transgressive Supreme Court in North Carolina history. They also won’t tolerate independent judges, even in dissent. There’s no lever of power they’re unwilling to abuse. Donald Trump and U.S. Supreme Court Chief Justice John Roberts aren’t the only ones out to obliterate the guardrails.

And it gets worse.

On Oct. 14, Newton, along with senators Amy Galey and Danny Britt, sent a letter to his Republican senate colleagues warning them of Riggs’ ad, acknowledging he had filed an ethics complaint against it and warning “legislators will need to take action in the upcoming session.” What shall it be? Revamping, yet again, the Judicial Standards Commission? Impeachment?

Shortly after Newton filed his ethics complaint, Riggs’ opponent, Judge Jefferson Griffin, produced an ad asserting that Riggs is “a radical liberal” who is “under investigation by the Judicial Standards Commission.” Justice Riggs unhesitatingly took to X, formerly Twitter, saying, “I will not be intimidated by these Republican attacks on judicial independence and free speech. All voters deserve to cast an informed vote, which means knowing about my values and seeing the receipts on my opponent’s record.”

A representative of the Administrative Office of the Courts said meekly “all proceedings before the commission are confidential.”

The News and Observer’s Kyle Ingram reported Newton said he was “disappointed that someone thought it appropriate to publicize” his complaint, “including Justice Riggs, but I guess she’s not afraid to do that.” When asked to comment on the investigation first being publicized by Griffin in his ad, Newton said, “I don’t want to comment on ads.”

Read that again. After filing an official complaint against Riggs’ ad and sending an accusatory letter about the ad to his Republican senate colleagues, Newton said “I don’t want to comment on ads.” Really. Now there’s a stand-up guy. Good to know Newton and his buddies are ready to ascertain Riggs’ constitutional rights. Sleep well, Tar Heels.

Such are the wages of unchecked Republican power in North Carolina. Submission is the only tolerated response. Speak not of law, not of dissent, not of fairness, not of equality, not of hypocrisy, not of independent judicial review, and, most decidedly, not of “women being in charge of (their) own reproductive health.” Be silent. Remember your place.

Contributing columnist Gene Nichol is a professor of law at the University of North Carolina-Chapel Hill.
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