Judge Refuses to Throw Out Erroneous Lawsuit Challenging General Assembly’s December 2016 Special Session

A judge won’t dismiss a lawsuit challenging a special session of the North Carolina General Assembly late last year in which Republicans passed bills eroding powers of incoming Democratic Gov. Roy Cooper.

Common Cause and several voters sued over last December’s session, saying legislative leaders didn’t give proper notice to citizens before holding it.

The News & Observer of Raleigh reported that Judge Osmond Smith on Tuesday refused a request by Republican legislative leaders and GOP Lt. Gov. Dan Forest to throw out the lawsuit. They say the session was properly called.

Now the case will be heard by a three-judge panel, which is required in lawsuits challenging the constitutionality of acts of the General Assembly.

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