Gov. McCrory withdraws HB2 suit against USDOJ

Madeline Gray—North State Journal
Governor McCrory discusses the state's lawsuit against the U.S. Department of Justice regarding HB2 during a press conference at the Governor's Mansion on Monday

RALEIGH — While opposing camps discussed the merits of an H.B. 2 repeal compromise rumored to be in the works Friday, Gov. Pat McCrory eliminated one of the many lawsuits on the matter by issuing a “voluntary dismissal without prejudice” to the United States Department of Justice.The case, McCrory v. United States of America, was a surprise suit brought by the McCrory administration in reaction to Attorney General Loretta Lynch’s ultimatum issued in early May 2016 to avoid enforcing the Public Facilities Privacy & Security Act, or face the loss of Title IX funds. Lynch also claimed the controversial law was in violation of the Civil Rights Act.McCrory explained that the dismissal is simply removing a duplicative lawsuit to streamline the process and lower the State’s legal fees.”This action will consolidate the State’s efforts in the courts,” said McCrory Communications Director, Josh Ellis. “The remaining cases are well underway in the U.S. Middle District of North Carolina.”Lawsuits brought by the McCrory administration earlier this year regarding H.B. 2 were countered by similar, yet opposing actions by the U.S. Department of Justice in a separate district court.In the Friday filing, McCrory’s counsel complains to the court that the case had been delayed by the USDOJ on technical grounds, providing little chances of legal resolution.However, in the United States of America v. State of North Carolina et al., the response to McCrory’s original suit, progress was more robust.”In contrast, the United States has aggressively pressed forward in pursuing its later filed lawsuit in the Middle District,” states the filing for voluntary dismissal.Other suits, such as the original ACLU suit brought against McCrory after the passage of H.B. 2, had already been folded into the USDOJ’s Middle District suit, making it the primary focus of the legal battle over the controversial law.Despite withdrawing their suit, the McCrory administration promises to continue its loyalty to what they deem a common sense law.”Governor McCrory will continue to fight government overreach,” said Ellis.