Under the Dome Updates: NC’s anti-Critical Race Theory bill advances in divided vote

It’s a busy day in Raleigh, with several important bills moving forward in the legislature, an announcement from Gov. Roy Cooper, and a critical redistricting case being reheard at the Supreme Court.

The big thing to watch on Tuesday is the arguments in Harper v. Hall, the partisan gerrymandering case that was decided by the Supreme Court’s outgoing Democratic majority in December, and is being reheard after the newly elected GOP majority said it would consider whether the case had been decided incorrectly.

Tuesday’s arguments could result in a dramatically different ruling about partisan gerrymandering and whether it is unconstitutional, and could have major ramifications for the next round of redistricting later this year and going forward.

There’s a lot happening at the legislature today as well, including a vote in the Senate on a Medicaid expansion deal, increased penalties for damaging energy facilities like power substations, and more increased penalties for trafficking and distributing fentanyl.

Refresh this page to follow the day’s latest updates, and find more coverage on our website and Twitter account.

5 p.m.: Fentanyl bill unanimously passes Senate

The Senate unanimously passed a bill that would increase fines for heroin and fentanyl trafficking and expand the scope of the state’s “death by distribution” law.

Senate Bill 189 was approved 45-0 and now heads to the House. The bill moved through the Senate relatively quickly, having been introduced at the start of this month and receiving committee hearings last week.

“This is not about the addict, this is about the dealer,” Sen. Tom McInnis, one of the bill’s primary sponsors, said emphatically before the vote. “This is about the one that’s selling and giving this poison away.”

The bill also expands the state’s “Good Samaritan immunity” law to include fentanyl as one of the substances for which people have limited immunity, if they report an overdose to authorities and are in possession of less than a gram of the drug.

The Senate unanimously passed a separate bill, also sponsored by McInnis, a Moore County Republican, that would enact stricter criminal penalties for damaging electrical substations and other energy facilities.

Senate Bill 58 was introduced last month in response to the attack on two Moore County substations last year that left tens of thousands of people without power for days.

Finally, the Senate also passed a revised Medicaid expansion bill that reflects the agreement GOP legislative leaders reached earlier this month.

That bill, House Bill 76, was approved 43-2 in an initial vote, and will head to the House for a concurrence vote after gaining final approval in the Senate, likely tomorrow.

2 p.m.: House committee passes anti-CRT bill

In a pair of divided votes, a state House committee passed bills that would target Critical Race Theory in schools and strengthen discipline.

House Bill 187 says schools can’t “promote concepts” such as that anyone “should feel discomfort, guilt, anguish or any other form of psychological distress” based on their race or sex.” It’s a repeat of a bill that passed in 2021 but was vetoed by Gov. Roy Cooper.

“This bill does not change what history standards can and cannot be taught,” said Rep. John Torbett, a Gaston County Republican and the bill’s primary sponsor. “It simply prohibits schools from endorsing discriminatory concepts.”

Since January 2021, 44 states have introduced bills or taken other steps that would restrict teaching critical race theory or limit how teachers can discuss racism and sexism, according to an Education Week analysis. Eighteen states have imposed these bans and restrictions either through legislation or other avenues.

But Democratic committee members said teachers are worried about what they’ll be able to say without being accused of promoting these concepts.

“Much of our history is race-related, and teaching and learning about lynchings and slavery and the effects of Jim Crow laws will make students feel uncomfortable,” said Rep. Marcia Morey, a Durham Democrat. “But a sound, basic education is a full discussion of facts of racism in American history. I am afraid this bill will have a chilling effect on teachers who are fearful of the ambiguity of what can and cannot be taught and discussed.”

The House K-12 Education Committee approved the bill Tuesday along with another, House Bill 188, that would remove wording from state law saying dress code violations, inappropriate language, minor fights and disrespecting staff are not to be considered serious school violations.

Republicans said the bill would address how discipline has become lax in schools. Most Democratic committee members said it would lead to draconian punishments for minor infractions.

12:15 p.m.: Cooper establishes office of violence prevention

Gov. Roy Cooper announced a new Office of Violence Prevention on Tuesday, saying that the state needs “to use the tools we have” to tackle the issue of gun violence.

Cooper was joined at the Executive Mansion for the announcement by Department of Public Safety Secretary Eddie Buffaloe, Attorney General Josh Stein, Department of Health and Human Services Secretary Kody Kinsley and others.

The office will be part of the Department of Public Safety and funded through existing state and federal money within the agency. The first step for the office will be hiring an executive director, Cooper said.

North Carolinians Against Gun Violence, one of the state’s leading gun control groups, commended Cooper for his commitment to trying to stop gun violence.

“Preventing gun violence takes a multifaceted approach. Coordination among state agencies and supporting grassroots programs are critical to addressing this problem,” Becky Ceartas, NCGV’s executive director, said in a statement. “We need to address the root causes of gun violence.”

As youth gun deaths increase, NC Gov. Cooper establishes new violence prevention office

12:15 p.m.: Supreme Court to rehear redistricting case

Advocates marched to the North Carolina Supreme Court as the court prepares to hear a fresh round of arguments this afternoon in Harper v. Hall, an important case concerning legislative maps state lawmakers drew last year, and whether excessive partisan gerrymandering violates the state constitution.

The court’s outgoing Democratic majority ruled on the case in December, weeks before a recently elected Republican majority was going to take the bench.

December’s ruling found that the state Senate map used in last year’s election was unconstitutional and needed to be redrawn, but attorneys for GOP legislative leaders argued that the court shouldn’t step into the political process of redistricting, and that there were no provisions in the constitution that outlaw partisan gerrymandering.

In January, Republican legislative leaders asked the court to rehear the case, prompting criticism from liberal challengers of the maps that GOP leaders were only seeking a new ruling since the court’s partisan composition had changed. GOP leaders responded that the outgoing Democratic majority shouldn’t have ruled on the case when voters had just elected a Republican majority to the court.

Arguments in Tuesday’s rehearing of Harper v. Hall are scheduled to begin at 12:45 p.m. and can be viewed by visiting the Supreme Court’s website.

Avi Bajpai, T. Keung Hui and Dawn Baumgartner Vaughan contributed to this report.