Dem
53
Ties
4
GOP
43
Does the name Anita Earls ring a bell with you? If you live outside North Carolina, probably not. And if you live inside North Carolina, also probably not. But she is on the ballot next week and her race is important. The impending slaughter of the hapless Michael Whatley (R) by Roy Cooper (D) in the Senate race has sucked up all the oxygen, but Earls' race has long-term implications for the state and country.
North Carolina is a swing state. While it hasn't given its electoral votes to a Democrat since 2008, the governor, lieutentant governor, attorney general, secretary of state and superintendent of public instruction are all Democrats, and after Jan. 3, 2027, almost certainly one of the senators will be, too. In swing states, there are constant election disputes that go to the state Supreme Court.
Sad to say, what matters the most in these cases in not the U.S. Constitution, the state Constitution, federal law, or state law, but who the state Supreme Court justices are. In North Carolina, there are partisan statewide elections for justice, with candidates labeled with a (D) or (R). Nobody even pretends they are neutral referees, just calling balls and strikes. Currently, five of the seven justices are Republicans and two are Democrats. Earls is one of the Democrats and is up for reelection this year. She is running against Republican Sarah Stevens. If Earls wins, the balance will still be 2D, 5R.
Earls is for broad voter access and against gerrymandering. Her mixed heritage (white mom, Black dad) has made her very sensitive to the issue of racial equality. She believes abortion is a fundamental right under the state Constitution. She thinks marijuana should be legal. Stevens is a Republican leader in the state House but her campaign website doesn't go into much detail on her platform other than she opposes sex offenders from having access to places intended for minors.
The reason this race is important is that in 2028, three of the Republican justices are up for reelection. If Earls wins, then the Democrats need win only two of those races to get a majority on the state Supreme Court starting in 2029. If they will all three, they will have a majority for years to come since the term for a justice is 8 years with no term limits, but mandatory retirement at 76. North Carolina is a swing state but its legislature and its congressional districts are heavily gerrymandered. A Democratic majority on the state Supreme Court could support a radical change to the maps. (V)