Local law experts provide insight on HB2 lawsuits

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HB2 LAWSUIT FOLO_213054

GREENVILLE, NC (WNCT) – The HB2 issue is just at the beginning, but some legal experts in the area said Monday’s lawsuits are just a start.

Right now, it’s North Carolina versus the Department of Justice. The lawsuits are in the courts and both parties have made it clear they aren’t backing down.

ECU Professor Hugh Lee said the next step is a hearing.

“Declaratory judgement action is not like a classic civil trial in the sense that, generally speaking, there are not witnesses, there are not facts that are in dispute. What is in dispute is a legal interpretation,” ECU professor Hugh Lee said, adding that the cases will probably be consolidated and heard as one. He also said the process could take months. If there’s an appeal, Lee said the case could take years.

Multiple law professors claim taking the case to the highest court in the land isn’t out of the question.

“I think that is likely in light of the magnitude of this issue and the very political nature of the issue, that there will be an appeal,” Lee said.

Lenoir Community College professor Patricia Wright added, “Whoever loses at the fourth circuit level is more than likely going to appeal it all the way to the US Supreme Court.”

If McCrory loses his spot as governor, HB2 and the lawsuit could be no more.

“He could pressure the legislature to repeal it, or he could simply decide not to enforce it,” Wright said, adding that the lawsuit could cost millions of taxpayer dollars depending on how things go.

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