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Gov. Bev Perdue has vetoed S9 (link), a bill that would have repealed much of the Racial Justice Act. (Background here, here, here and here.) In short, the current Racial Justice Act law allows death row inmates to use statistical evidence to show racial bias in their sentencing. If successful, the inmate could have their sentence commuted to life in prison.

From a Perdue news release:

“I am – and always will be – a strong supporter of the death penalty. I firmly believe that some crimes are so heinous that no other punishment is adequate. As long as I am Governor, I am committed to ensuring that the death penalty remains a viable punishment option in North Carolina in appropriate cases.”

“However, because the death penalty is the ultimate punishment, it is essential that it be carried out fairly and that the process not be infected with prejudice based on race. I signed the Racial Justice Act into law two years ago because it ensured that racial prejudice would not taint the application of the death penalty.”

“I am vetoing Senate Bill 9 for the same reason that I signed the Racial Justice Act two years ago: it is simply unacceptable for racial prejudice to play a role in the imposition of the death penalty in North Carolina.”

“Finally, it is important to be clear that the Racial Justice Act does not allow anyone to be released from prison or seek parole. Both my own legal counsel and legal experts from across the State have assured me that even if an inmate succeeds on a claim under the Racial Justice Act, his sole remedy is life in prison without the possibility of parole -- and even that would only occur if a judge first finds that racial discrimination played a significant role in the application of the death penalty."

Unclear at this point: what day the governor will call the General Assembly back into the session to hear the potential veto override. Perdue has to do that before Jan. 8, or her veto is voided and the bill becomes law without her signature. A spokesman for the governor said that she will likely call for legislators to come back the first week of January. (Lawmakers do have the option of letting the veto stand and telling the governor they do not want to come back into session.)

Update: House Speaker Thom Tillis had this to say about Perdue's veto: “I am disappointed in yet another decision by Governor Perdue to put politics ahead of principle. By vetoing this bill, the Governor has turned her back on the families of victims across this state and a vast majority of prosecutors who need every available resource to crack down on violent criminals.”