North Carolina Republicans lost the Supreme Court, but are they plotting to steal it back?

Kerry Eleveld

Daily Kos Staff

Friday November 11, 2016 · 10:53 AM PST

2016/11/11 · 10:53

Screenshot of Roy Cooper and Pat McCrory debating each other. — If Democrat Roy Cooper (left) wins the gubernatorial race, Pat McCrory would have to move fast to appoint more judges.

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When Republicans don't win, they change the rules of the game to suit their needs. It's become the GOP way nationwide, and that could play out in North Carolina. One of the bright spots that emerged for Tar Heel Democrats on Tuesday was the election of a progressive judge over a conservative one, giving the court a 4-3 Democratic majority as of next year. Unless GOP lawmakers find a way to add seats to the court, reports Mitch Kokai.

State lawmakers could vote to expand North Carolina’s Supreme Court by up to two additional members, according to the N.C. Constitution. There’s been speculation about such a move in the wake of challenger Mike Morgan’s victory over incumbent Bob Edmunds in this week’s state Supreme Court election. [...]

Observers have asked whether the N.C. General Assembly could expand the number of justices to blunt the election’s impact. The answer is yes.

The court currently has one chief justice and six associate justices, but the state constitution says, "the General Assembly may increase the number of Associate Justices to not more than eight." Adding more than two associate judges would require a constitutional amendment.

But time is of the essence there if Democrat Roy Cooper ultimately succeeds in defeating Gov. Pat McCrory. Governors are responsible for appointing new justices. If Cooper prevails, he'll take office on Jan. 11, 2017.

North Carolina Republicans lost the Supreme Court, but are they plotting to steal it back?

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