North Carolina appears determined to move backward

Decisions about the law can be difficult to reach because right and wrong usually exist on both sides of an issue. That apparently was not a problem facing the 4th U.S. Circuit Court of Appeals’ 3-judge panel in the case of North Carolina’s 2013 voter ID law.

The panel’s stinging summary of its findings was razor sharp and cut straight to the problem: The willful intent to strategically disenfranchise African-Americans by the state’s Republican lawmakers; the second such finding this year, the first through race-based redistricting.

"We recognize that elections have consequences, but winning an election does not empower anyone in any party to engage in purposeful racial discrimination," they said. "When a legislature dominated by one party has dismantled barriers to African-American access to the franchise, even if done to gain votes, 'politics as usual' does not allow a legislature dominated by the other party to re-erect those barriers."

The court’s ruling prohibits North Carolina from requiring photo IDs from voters to cast in-person ballots in future elections, including the November 2016 general election. It restores a week of early voting and preregistration for 16- and 17-year-olds, and ensures that same-day registration and out-of-precinct voting will remain in effect.

The judges said data showed that these methods were used disproportionately by black voters, who also were more likely to lack a qualifying ID.

The Republican legislators so skillfully wove the data into the law that it proved impossible to defend their actions by any other argument. The judges said that the new state laws “target African-Americans with almost surgical precision.”

Ironically, the North Carolina law was enacted shortly after a 2013 U.S. Supreme Court ruling changed the requirement that many Southern states receive federal approval before changing voting laws. Chief Justice John Roberts, writing for the conservative majority, declared that the Voting Rights Act had done its job, and it was time to move on. The N.C. Legislature apparently misinterpreted Roberts’ words to mean “move back.”

Rather than take the court’s ruling as a signal to bring the state GOP’s approach to voting rights in line with the U.S. Constitution, Gov. Pat McCrory chose to demonize the court, saying, “Three Democratic judges (one was originally a George W. Bush appointee) are undermining the integrity of our elections while also maligning our state. We will immediately appeal and also review other potential options."

Republican N.C. Senate leader Phil Berger and Republican state House Speaker Tim Moore echoed McCrory’s statement.

It wasn’t that long ago that North Carolina was reputed by many as the most inclusive and socially progressive state in the South. It is troubling to see it becoming more like the deep South of the 20th century.