Federal Judge Usurps Rights Of North Carolina Declaring Choose-Life License Plate Unconstitutional

December 10, 2012 1:22 pmViews: 93

A federal judge has once again legislated law and has usurped state rights in a case involving pro-life license plates in North Carolina. The duly elected legislature of NC voted to approve the Choose-Life license plate pictured above during its 2011 legislative session only to have the ACLU come along and cry foul because there is not a Choose-Death license plate.

U.S. District Court Judge James C. Fox has clearly over-stepped his authority and legislated from the bench instead of doing his job and interpreting the law. The NC Legislature wrote a statute into law and this renegade judge apparently thought he had the power to nullify it because it seems like just about anything can be a violation of the Constitution these day. Unfortunately, our judges have taken the law of the land into their own hands and not create rather than interpret or enforce.

While the ACLU of North Carolina may have a point in bringing the suit because of the fairness issue in that supposedly their requests to get a Choose-Death licensed authorized was denied, they can only be grated the right to bring up a vote on the license plate of their choosing, they have no right to claim that it be approved or passed. No judge in the right mind (are any of our judges these days in their right mind?) would force a legislative to absolutely approve a measure. What if an individual legislator voted no on a measure? Are they still allowed to do that?

Read the disturbing news on this case from MyFox8 in North Carolina below. I'm not thinking our forefathers had these kind of petty things in mind that a rogue judge could declare unconstitutional when they penned that great document.

A federal judge has ruled it is unconstitutional for North Carolina to issue pro-life license plates unless the state offers similar plates supporting abortion rights.

U.S. District Court Judge James C. Fox ruled on Friday that North Carolina cannot produce or distribute the “Choose Life” plate.

Judge Fox concluded, “The State’s offering of a Choose Life license plate in the absence of a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment.”

The American Civil Liberties Union of North Carolina Legal Foundation had filed a lawsuit in the U.S. District Court for the Eastern District of North Carolina in Sept. 2011 on behalf of North Carolinians seeking a specialty license plate that supports a woman’s right to reproductive freedom.

“This is a great victory for the free speech rights of all North Carolinians, regardless of their point of view on reproductive freedom,” said Chris Brook, legal director of the ACLU-NCLF.

Brook said the government cannot create an avenue to express one side of a political issue while denying an equal opportunity to citizens with an opposing view.

Judge Fox granted a preliminary injunction in Nov. 2011 that temporarily blocked production of the “Choose Life” plate; that injunction is now permanent.

During the 2011 legislative session, the North Carolina General Assembly passed House Bill 289, which authorized the issuance of a “Choose Life” license plate.

However, officials say the legislature repeatedly refused to authorize a plate that supported the countervailing position in favor of reproductive freedom.


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