Tuesday, May 30, 2017

Glaring error by the New York Times in its attack on North Carolina Republicans:

NY Times:
In Washington, efforts by this state’s Republicans to cement their political dominance have taken a drubbing this month. On May 15, the Supreme Court struck down a North Carolina elections law that a federal appeals court said had been designed “with almost surgical precision” to depress black voter turnout. A week later, the court threw out ....
Of course the Court did not strike down the North Carolina election statute; it took no action in that case, other than to deny cert.

The Chief Justice spelled this out in his statement regarding the denial.

"Given the blizzard of filings over who is and who is not authorized to seek review in this Court under North Carolina law, it is important to recall our frequent admonition that “[t]he denial of a writ of certiorari imports no expression of opinion upon the merits of the case.” United States v. Carver, 260 U. S. 482, 490 (1923)."

Will we see a correction?

I also take issue with the New York Times stylebook using "law" to describe a statute that's been found unconstitutional, void, and not a law, under Marbury Madison, but I lost that war a long time ago.

Otherwise, this is a fine story and good reporting by the Times and Michael Wines.

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