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So Long Governor Perdue

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Six weeks ago, North Carolina Governor Beverly Perdue vetoed a bill that in substance would have repealed the state's Killers' Bonanza Law, a/k/a Racial Justice Act.  The Act, rammed through by a partisan vote when the Democrats held the state legislature, allows murderers sentenced to death to challenge their sentences based on statistical evidence that blacks had been more frequently subject to capital punishment than whites in roughly similar circumstances.  The Act notably did not require the defendant to show that a single actor in his own case  --  prosecutor, judge or jury  --  bore any racial animus whatever.  In other words, the Act enabled a killer retroactively to nullify his death sentence in the name of "racial justice," without ever having to produce one iota of actual evidence that he had been prejudiced by any racial injustice.

One of the numerous absudities of the Act was that it was available to whites, notwithstanding that no one has been able to find any evidence that whites suffered from racial discrimination in North Carolina.  But the absurdity was needed lest the bill be patently unconstitutional.  So now we have the spectacle of North Carolina white killers  --  along with the rest of them  --  parading to court to claim some unrecognizable mutant of "racial discrimination."

Fast forward to today's report in Politico that Gov. Perdue, with approval ratings in the low 30's and lagging far behind her likely Republican opponent, has decided to bail out and not seek re-election.  Good riddance.

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I don't know what NC's separation of powers jurisprudence is, but it is highly likely that this sort of legislation would be unconstitutional if Congress passed it. Legislation ripping open settled judgments is problematic.

Something tells me that even if this abysmal legislation gets repealed, the courts are going to impute some right to it post-repeal.

I don't know that you can, consistent with EPC, not make this available to white killers. Just goes to show how dumb this is.

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