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.
Document(s):
NCAE Complaint.pdf
Temporary Restraining Order.pdf
Comments
SEANC
January 11, 2012 - 10:20am — BurlHarleyIt's not SEANC, It's the NCAE. Although, both are scandalous unions disguised as professional organizations.
What is the cost to the taxpayers?
January 10, 2012 - 10:20am — inandohHow much does it cost the state to deduct the dues and then pay that amount to the teachers union? Do they payroll deduct for other organizations? The NRA? The NCAAP? Homeowners' association dues? Alimony?
If the state is going to favor one group then why not deduct for any group? Let's not favor one association over another. Let's at least be fair.
Just more liberal special
January 9, 2012 - 6:44pm — LibSlayerJust more liberal special interests trying to get what they want.
Hey teachers, how about actually writing a check for your dues owed, or setting it up on bill pay.
Or is that too hard for ya?
Whoooz cryin?
January 9, 2012 - 6:31pm — gmonet46So, you have a State controlled employees union that requires a republican to pay dues to a democratic controlled bunch of people who have us where on the literacy scale? Only in America or Venezuela
Another North Carolina
January 9, 2012 - 6:27pm — CardiffGiantAnother North Carolina public schools citizenship scholar.
Bush v. Gore was a lawsuit between two presidential campaigns. No act of the legislature was involved.
Here the General Assembly - the legislative branch, for you public school grads - passed an override. And this liberal group, which isn't satisfied at producing some of the worst schools in the country, goes running to a judge to block the law.
And all because they want to automate their pocket-picking of the very people they say they represent.
RE: Cry Me a River
January 9, 2012 - 6:09pm — bubbafan66That's right, just like GW Bush ran screaming to the SCOTUS to interfere in a states right to process an election and bought an election.
Way to go! [APPLAUSE]
January 9, 2012 - 5:57pm — Isaac136Yay SEANC for putting up a fight! Our teachers deserve better than the shabby treatment they've been given by the current leadership at the General Assembly.
Cry me a river. You people
January 9, 2012 - 5:37pm — CardiffGiantCry me a river. You people have been in bed with the Democrats for years. Where was your whining when the Democrats targeted SEANC for daring to endorse a Republican? You got exactly what you deserved, and your pseudo-union is one of the reasons our public schools are among the worst in the country.
Like any liberal, you love democracy as long as you profit from it. When you don't, you run screaming to a judge. What's the over-under this restraining order was signed by some Democrat hack?
Nothing says democracy
January 9, 2012 - 5:27pm — logosisdeadNothing says democracy like waiting for my representative to leave at the end of the scheduled business day, or to be stuck in the hospital, to secretly add a vote in the middle of the night to the agenda. Sweet. Nothing says democracy like targeting your political rivals and singling them out to send a clear message that if you oppose us you will pay.
TEACHER RESTRAINING ORDER
January 9, 2012 - 5:15pm — CardiffGiantYes, because nothing says "participatory democracy" like a temporary restraining order delaying an act of the democratically elected General Assembly.
You must have graduated from a North Carolina public school. I heard they stopped teaching Citizenship some time ago, and I suppose it's true.
Teachers' restraining order
January 9, 2012 - 5:02pm — fritzmwGet those GOP obstructionists out of our lives.