"The Rise of Paul Newby: How One Justice Transformed North Carolina’s Supreme Court into a Political Powerhouse"
The Transformation of North Carolina’s Supreme Court: Paul Newby’s Ascendancy
In early 2023, Paul Newby, the Republican chief justice of North Carolina’s Supreme Court, showcased the significant and often overlooked power of his office. Following a landmark ruling in 2022 by a Democrat-majority court that outlawed partisan gerrymandering, Newby orchestrated a rapid reversal of this decision, demonstrating the profound influence he wields over the state’s judicial landscape.
The Gerrymandering Controversy
The previous year, the North Carolina Supreme Court had mandated that independent outsiders redraw electoral maps that favored the GOP-controlled legislature. Newby, who dissented vehemently against this ruling, found a pathway to challenge it shortly after two newly elected Republican justices joined the court, shifting the balance to a 5-2 Republican majority.
In January 2023, GOP lawmakers filed a petition for the court to rehear the gerrymandering case. Historically, such petitions are rarely granted; since 1993, only two out of 214 requests had been approved. Legal experts, including Jeff Loperfido, chief counsel for voting rights at the Southern Coalition for Social Justice, expressed disbelief at the court’s willingness to revisit a decision so soon after it was made.
A Shift in Judicial Process
Under Newby’s leadership, the court’s traditional processes were bypassed. Instead of convening the justices for a debate, Newby opted for a rapid email vote on the rehearing request, which was approved within an hour. The two liberal justices, sidelined in this process, worked through the night to prepare a dissenting opinion. When the court convened a month later, the decision was reached swiftly, with Newby writing a majority opinion that declared partisan gerrymandering legal, effectively nullifying the previous court’s ruling.
This decision allowed GOP lawmakers to discard electoral maps that had produced a balanced congressional delegation in 2022, leading to a significant shift in the state’s political representation in 2024, where Republicans secured 10 congressional seats compared to just four for Democrats.
The Ongoing Redistricting Efforts
The push for gerrymandering did not stop there. In October 2023, North Carolina Republican lawmakers passed a redistricting bill aimed at securing an additional congressional seat for the 2026 election, further entrenching their political power.
Newby’s Influence on the Judiciary
Few outside North Carolina fully grasp the extent of Newby’s influence on the state’s judiciary. Elected in 2004, he has transformed the court from a relatively harmonious institution into a battleground of partisan politics. Critics argue that Newby has eroded the independence of the judiciary, pushing for partisan judicial elections and eliminating public financing, which has led to increasingly aggressive and costly campaigns.
Newby has consistently backed Republican initiatives aimed at diminishing the powers of the Democratic governor, who has been elected since 2016. His leadership has seen the court system reshaped according to his political views, including the dismantling of diversity initiatives and the replacement of liberal and LGBTQ+ employees with conservatives.
A Political Operator
Described by former justices and colleagues as more of a political operator than an impartial jurist, Newby has filled the courts with former clerks and allies cultivated through personal connections, including Bible study groups. His family ties further bolster his political influence; his wife is a significant GOP donor, and one of his daughters manages judicial campaigns for the state Republican Party.
Newby’s approach has drawn criticism from various quarters, with former justices noting that he has become a model for a new breed of politically active judges. Bob Orr, a former Republican justice, remarked that Newby has emerged as one of the most influential judicial officials in modern North Carolina history, allowing a conservative legislative agenda to flourish largely unchecked by the courts.
The Partisan Landscape
The changes initiated by Newby reflect a broader trend in the conservative legal movement, which has focused on flipping state supreme courts to Republican control. North Carolina has become a focal point in this effort, with experts labeling it the "epicenter" of conservative judicial activism. The state has seen a significant influx of dark money into judicial races, further exacerbating the partisan divide.
In contrast, other states like Wisconsin have recently regained Democratic control of their supreme courts, highlighting the ongoing battle for judicial supremacy across the nation.
The Future of North Carolina’s Judiciary
As Newby continues to wield considerable influence over North Carolina’s judiciary, the implications for democracy and justice in the state are profound. His actions have contributed to a climate of fear among judges and court staff, with many expressing concerns about potential retaliation for dissenting opinions or actions.
The erosion of public trust in the judiciary is evident, with a Gallup poll indicating that only 35% of Americans trust courts, a significant decline from nearly 60% in 2006. This trend raises alarms about the future of judicial independence and the potential for unchecked political power.
As Newby approaches the end of his current term, the legacy he leaves behind will likely shape North Carolina’s judicial landscape for years to come, serving as a blueprint for similar efforts in other states. The ongoing struggle for control over the judiciary underscores the critical importance of maintaining the separation of powers and the integrity of the judicial system in the face of increasing politicization.