This NCAE release has me scratching my head this afternoon:
Raleigh, NC –NCAE sought and won a temporary restraining order today against the State of North Carolina for the legislation enacted last week that prohibits NCAE from collecting voluntary dues through payroll deduction.
Former North Carolina Supreme Court Justice Robert Orr, attorney with Poyner and Spruill, is NCAE legal counsel. NCAE President Sheri Strickland, along with Justice Orr, will hold a conference call today to fully outline today’s action.
This case has to do with last week's late-night veto override session (link).
Nobody, to my knowledge, has reported that a lawsuit has been dropped. This is a pretty quick acceleration from "we've filed" to "we've got a restraining order."
Also, notice who the counsel is for the suit: Robert Orr. That's the same former supreme court justice who used to head the N.C. Institute of Constitutional Law, a group that's part of a cluster of think tanks often seen as allied with legislative Republicans.
More to come.
Update: Click here for the AP's early take (link).
Orr was asked during a conference call about taking up a case closely associated with Democrats when he has run in conservative circles for so long.
"The state constitution does not mention Democrat of Republican. It doesn't mention liberal or conservative. It is what it is and says what it says," Orr said.
Rep. Paul "Skip" Stam, a Wake County Republican, said he had not seen the suit but was confident the state would win. He dismissed the TRO as something that is almost always granted.
"They're complaining about a special benefit being taken away," Stam said of NCAE. The General Assembly, he said, was not discriminating against the group. "That's making things more equal."
Stam pointed to a memo by legislative staff that said other organizations would be affected by the change in law. Click here to read that (link).
Click here to read the NCAE's original complaint (link).
Click here to read the TRO as it was signed Monday afternoon (link).
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