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UPDATING: North Carolina Governor Issues Executive Order in Response to Anti-LGBT Law Backlash

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In Video Accompanying Executive Order GOP Governor Calls Charlotte Nondiscrimination Law ‘Solution in Search of a Problem’ 

Embattled GOP Gov. Pat McCrory has just issued an executive order that appears to override a small portion of HB2, his sweeping, broad, unconstitutional law that voided all local LGBT nondiscrimination ordinances and banned transgender people from using public restrooms that conform to their gender identity.

NCRM will update this story below with reactions from legal experts as they become available.

Executive Order 93 does not change the ban on transgender people using public restrooms based on gender identity. But it states it will add sexual orientation and gender identity protections to the state’s employment policy for state employees. It also says it will seek “legislation to reinstate the right to sue in state court for discrimination.” That was taken away when he signed HB2 into law.

In the video accompanying his executive order, Gov. McCrory remains steadfast in his opposition to Charlotte’s nondiscrimination ordinance, which was voided by HB2. He called it a “solution in search of a problem,” ensuring he will stand in the doorway to continue to ban transgender people from accessing basic civil rights.

The executive order does not even mention the other sweeping changes HB2 ushered in, including stripping local control over minimum wage laws  and employment discrimination laws.

Here is the video and below, the transcript:

“Hi, I’m North Carolina Governor Pat McCrory.

North Carolina proudly welcomes all people to live, work and visit our great state.

We didn’t become the ninth most populous state in the nation by accident. We have long held traditions of both ensuring equality for all of our citizens and our visitors, while also respecting the privacy of everyone.

We are also a state that strives to allow our people and businesses to be as independent as possible without overreaching government regulations.

These North Carolina values of privacy and equality came into conflict recently when the Charlotte City Council passed a new mandate that forced on businesses a city-wide ordinance of bathroom and locker room regulations, something frankly we had never seen or had before in that great city or in North Carolina.

Simply put, this government overreach was a solution in search of a problem.

In fact, the Charlotte City Council rejected this proposal less than a year ago.

In a letter prior to the most recent vote, I notified the Charlotte City Council that this unnecessary and intrusive mandate conflicts with basic expectations of privacy in the most private of settings.

Therefore, as I expected, the state took action on what was seen as government overreach.

You know, after listening to people’s feedback for the past several weeks on this issue, I have come to the conclusion that there is a great deal of misinformation, misinterpretation, confusion, a lot of passion and frankly, selective outrage and hypocrisy, especially against the great state of North Carolina.

But based upon this feedback, I am taking action to affirm and improve the state’s commitment to privacy and equality.

To that end, today I have signed an executive order with the goal of achieving that fine balance.

This executive order accomplishes the following:

First, it maintains common sense gender-specific restroom and locker room facilities in government buildings and in our schools, and when possible, encourages reasonable accommodations for families and those who have unique or special circumstances.

Second, the private sector can make its own policy with regard to restrooms, locker rooms and/or shower facilities. This is not a government decision. This is your decision in the private sector.

Third, I have affirmed the private sector and local government’s right to establish its own non-discrimination employment policies.

And fourth, as governor, I have expanded our state equal employment opportunity policy to clarify that sexual orientation and gender identity are included.

And fifth, I will immediately seek legislation in the upcoming short session to reinstate the right to sue for discrimination in North Carolina state courts.

Simply put, I have listened to the people of North Carolina, and the people of North Carolina are entitled to both privacy and equality. We can and we must achieve both of these goals.

Now I know these actions will not totally satisfy everyone, but the vast majority of our citizens want common sense solutions to complex issues.

This is the North Carolina way.

Thank you very much, and may God continue to bless the great state of North Carolina.

UPDATE I: 3:00 PM EDT –
Buzzfeed Legal Editor Chris Geidner weighs in via Twitter:

UPDATE II: 3:03 PM EDT –
For those who want to read the actual, full legal text:

UPDATE III: 3:10 PM EDT –
Kate Kendall, head of National Center for Lesbian Rights, a national legal organization, calls it “a cynical political move.”

UPDATE IV: 3:16 PM EDT –

ACLU of North Carolina Acting Executive Director Sarah Preston:
 
“Gov. McCrory’s actions today are a poor effort to save face after his sweeping attacks on the LGBT community, and they fall far short of correcting the damage done when he signed into law the harmful House Bill 2, which stigmatizes and mandates discrimination against gay and transgender people. With this executive order, LGBT individuals still lack legal protections from discrimination, and transgender people are still explicitly targeted by being forced to use the wrong restroom.”

There’s a good deal more on their website.

ACLU National isn’t quite as generous as their local NC affiliate:

ACLU attorney and expert on HB2: 

UPDATE V: 3:33 PM EDT –
Some other opinions:

UPDATE VI: 8:08 PM EDT –

Group of US Senators Asks NBA Commissioner to Move All Star Game Out of North Carolina

 

This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.

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‘Disgraceful’: ICE Slammed After Allegedly Pepper-Spraying US Congresswoman

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U.S. Rep. Adelita Grijalva (D-AZ) is accusing U.S. Immigration and Customs Enforcement (ICE) agents of pepper-spraying her in her face while she was at a local Tucson, Arizona restaurant.

Rep. Grijalva in a video on social media said she saw about 40 mostly-masked ICE agents at a restaurant she frequents weekly.

The agents were “in several vehicles that the community had stopped right here, right in the middle of the street, because they were afraid that they were taking people without due process, without any kind of notice.”

READ MORE: Warning Signs Flash as Trump Slump Raises Fears of 2018 Blue Wave Rerun: Conservative

She said that the community was “protecting their people” when she was “sprayed in the face by a very aggressive agent,” and “pushed around by others when I literally was not being aggressive.”

“I was asking for clarification, which is my right as a member of Congress,” she continued. “So, once I introduced myself, once I did, I assumed that it would be a little calmer, but there was literally only one person that was trying to speak to me in any kind of civil tone, and everyone else was being rude and disrespectful, and I just can only imagine if they’re going to treat me like that, how they’re treating everybody else.”

Congresswoman Grijalva said she saw “people directly sprayed,” including “members of our press” and staff members.

She blasted President Donald Trump, saying that he “has no regard for any due process, the rule of law, the Constitution — they’re literally disappearing people from the streets.”

Critics slammed the agents’ action.

READ MORE: Trump: Democrats Are Plotting ‘Total Obliteration’ of Supreme Court

U.S. Senator Ruben Gallego (D-AZ) wrote that Rep. Grijalva “was doing her job, standing up for her community.”

“Pepper-spraying a sitting member of Congress is disgraceful, unacceptable, and absolutely not what we voted for. Period,” he added.

“This is unacceptable and outrageous,” observed Arizona Attorney General Kris Mayes. “Enforcing the rule [of] law does not mean pepper spraying a member of Congress for simply asking questions. Effective law enforcement requires restraint and accountability, not unchecked aggression.”

The Bulwark’s Sam Stein noted, “quite the beginning for Grijalva, who wasn’t seated for weeks, [cast] the decisive vote to get the Epstein files, and now has apparently been pepper sprayed in the face by immigration agents.”

Also calling the action “outrageous,” U.S. Rep. Pramila Jayapal (D-WA) wrote: “We are Members of Congress with oversight authority of ICE. Rep Grijalva was completely within her rights to stand up for her constituents. ICE is completely lawless.”

“First they tackle a sitting Senator,” noted U.S. Rep. Adriano Espaillat (D-NY). “Now they’re pepper spraying a Representative. It’s clear ICE is spinning out of control. We will hold the agency accountable.”

READ MORE: Trump’s Ballroom Seen as ‘Key Evidence’ He’s Out of Touch as Cost of Living Spikes

 

Image via Reuters 

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Warning Signs Flash as Trump Slump Raises Fears of 2018 Blue Wave Rerun: Conservative

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A well-known conservative commentator has a warning for the Republican Party: take action now or face a repeat of the 2018 midterms when the GOP lost 41 House seats in a landslide. And this time, he says, the Senate could go to the Democrats as well.

Award-winning writer and journalist Bernard Goldberg reminded readers at The Hill that in 2018, during President Donald Trump’s first term, “Republicans got walloped … and a good chunk of that had President Trump’s name written all over it.”

Trump’s “approval ratings were in the low 40s, and independents — the folks who usually decide elections — had seen enough. They broke hard for the Democrats,” Goldberg noted. “Now here we are, staring down 2026, and you can almost hear history clearing its throat, getting ready to repeat itself.”

READ MORE: Trump: Democrats Are Plotting ‘Total Obliteration’ of Supreme Court

Goldberg noted that Trump’s approval rating is currently the lowest it’s been this term.

“Among Republicans, his support dropped from 91 percent right after the 2024 election to 84 percent last month. Among independents, it cratered — from 42 percent to just 25 percent.”

“If the trend continues,” he warned, “Republicans could be headed for another blue wave — and this time, it could wash away not just the House majority, but control of the Senate too.”

Why?

“It’s the economy — still,” he wrote.

“Trump is out there saying the economy is humming. Biden said the same thing before him. But voters didn’t buy it then, and they’re not buying it now. Why? Because it’s not GDP numbers that matter. It’s affordability,” Goldberg noted.

READ MORE: Trump’s Ballroom Seen as ‘Key Evidence’ He’s Out of Touch as Cost of Living Spikes

That’s a word that President Trump continues to call a “con job,” while his own administration tries to claim he is focused on.

He pointed to a Karl Rove Wall Street Journal column and wrote: “The Republicans may have ‘avoided disaster’ in Tennessee, but the result should be a wake-up call for Republicans. He’s right.”

Goldberg asked: “will anyone in the Republican Party actually pick up the phone?”

“Because if Republicans don’t wake up — and fast — they’re going to find out the hard way what happens when you keep rerunning the same movie and expecting a different ending. To lose in 2026, all they have to do is nothing. And right now, that’s pretty much what they’re doing.”

READ MORE: Trump Urges Judge Aileen Cannon to Keep Jack Smith Report Secret

 

 

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Trump: Democrats Are Plotting ‘Total Obliteration’ of Supreme Court

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President Donald Trump is claiming that the top priority of Democrats is the “total obliteration” of the U.S. Supreme Court. His remarks came just hours after SCOTUS gave Republicans a 6-3 win along partisan lines, in the form of approving Texas’s redrawn mid-decade congressional maps that could help add five GOP-held seats to the U.S. House of Representatives. A lower court had ruled the redrawn Texas maps were likely racially biased.

Although there are different ways to measure, one study by Court Accountability this fall found that the Supreme Court has ruled in Trump’s favor 90% of the time.

“Most of these wins for the president came from the court’s ‘shadow docket’ slate of opinions — where the court has typically, in the past, only ruled on administrative measures,” according to Truthout. “However, in recent years, the Supreme Court has been making announcements on cases, issuing injunctions or allowances of actions to remain in place, that have the same effect, essentially, as a final decision.”

READ MORE: White House Touts Trump’s ‘Track Record’ on Affordability

On Friday, the president declared that the “Democrats number one policy push is the complete and total OBLITERATION of our great United States Supreme Court.”

“They will do this on their very first day in office, through the simple Termination of the Filibuster, SHOULD THEY WIN THE UPCOMING ELECTIONS,” he wrote.

Trump has strongly advocated for Republicans to eliminate the Senate filibuster.

“The Radical Left Democrats are looking at 21 Justices, with immediate ascension,” he wrote, claiming that Democrats would more than double the current size of the court.

“This would be terrible for our Country. Fear not, however, Republicans will not let it, or any of their other catastrophic policies, happen. Our Country is now in very good hands. MAGA!!!”

Some court reform advocates have suggested the Supreme Court be expanded to 13 justices, one for each of the thirteen U.S. Courts of Appeals.

READ MORE: Trump’s Ballroom Seen as ‘Key Evidence’ He’s Out of Touch as Cost of Living Spikes

 

Image via Reuters 

 

 

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