4th Circuit Reverses Activist Judge’s Voter ID Ban

4th Circuit: “We reverse because of fundamental legal errors that permeate the opinion” from District Court Judge Loretta Biggs

“The 2018 Voter-ID Law is more protective of the right to vote than other states’ voter-ID laws that courts have approved.”

Raleigh, N.C. — A three-judge panel of the Fourth Circuit Court of Appeals, including a judge appointed by former President Obama, unanimously reversed activist District Court Judge Loretta Biggs’ lawless decision to ignore North Carolina’s voters and strike down a constitutionally-required voter ID law passed in 2018.

The appeals court’s unanimous decision exposed the partisan nature of Judge Biggs’ “fundamental legal errors” that “penalized the General Assembly because of who they are, instead of what they did.”

Senate Leader Phil Berger (R-Rockingham) said, “There’s legitimate concern today about undermining trust in democracy. When an activist judge overturns the will of millions of North Carolinians who added a voter ID requirement to their own constitution, and rests her lawless opinion on political talking points and ‘fundamental legal errors,’ that’s destabilizing. That is what erodes confidence in government. I’m heartened by the Fourth Circuit’s unanimous decision in support of the basic principle of self-governance under the rule of law.”

Below are excerpts from the Fourth Circuit’s tough and clear-headed decision:

  • “These [District Court decision] errors fatally infected its finding of discriminatory intent. And when that finding crumbles, the preliminary injunction falls with it.”

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