A Wake County judge granted the state's largest teachers association a temporary restraining order Monday, effectively putting a hold on a law approved by the Republican House in an unexpected midnight session.
Bob Orr, a former N.C. Supreme Court justice and GOP gubernatorial candidate, is representing the teachers lobby. The association believes it was targeted for political retribution and contends the midnight session was unconstitutional because it extended beyond the scope of the special session about a bill to amend the Racial Justice Act.
At a 2:30 p.m. hearing Monday, Superior Court Judge Paul Gessner granted the temproary reprieve until the two sides can argue the case in court, which is expected later this month. (See a copy of the temporary restraining order and legal complaint below.) Gessner ruled that the teachers lobby would suffer irreparable harm if not given immediate relief and detemined that the association may succeed in arguing the special session was unconstitutional.
The teachers lobby retained Raleigh law firm Poyner Spruill on Thursday, the same day as the vote and just two days after Orr joined the firm.
Orr's former outfit, the largely conservative N.C. Institute for Constitutional Law, has endorsed the House's action as constitutional. Asked about the odd positioning, Orr said his mother is a lifelong member of the teachers association.
Read more background here on the fight between the teachers association.
And read the article that will be in Tuesday's papers here.
Temporary Restraining Order.pdf