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[Transcript edited for clarity, flow and length]
Please visit and donate to Justice Anita Earls’ Campaign HERE
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Mary Trump: The rule of law is under assault. Our civil liberties are under assault, and I cannot think of a better person to serve on the North Carolina State Supreme Court than Justice Anita Earls, an incumbent running for reelection. State Supreme Courts are more important than ever, especially in states like North Carolina, where Republicans currently have a supermajority. Justice Earls once served in the civil rights division of the DOJ, and she understands better than most what is at stake. She will do everything within her power to protect the rights of all North Carolinians. Justice Earls, how are you?
Justice Anita Earls: Yes. Well, it is down to the wire, but I’m thrilled to be here. Thank you so much for this opportunity.
Mary Trump: Oh, listen, as you know, state races and local races are all important to us. People overlook them sometimes, to our detriment. They focus on the higher profile national races, but we are very committed to supporting candidates like you who are running for state Supreme Court or state legislatures, et cetera. I really appreciate it. First of all, you could just let us know how it’s going, because it is crunch time. Secondly, if you could tell us why your race in particular, but races like yours in general, are so important, not just in 2026 but going forward to future elections.
Justice Anita Earls: Yes, absolutely. In North Carolina right now, there is a lot of enthusiasm among Democrats if you just look at the numbers. We have early voting here, and we are now on day eight of early voting. The numbers show that Democrats and unaffiliated voters make up a third of our registered voters. I am only reporting what we know based on voter registration, but turnout is higher than Republicans, and it is also higher than it was at this point in the last midterm. That is a statewide indicator. Over a million people have now voted. This is a state of eight million registered voters, and I anticipate that about five million will ultimately participate in this midterm. A good chunk of the electorate has already voted, and that is encouraging. I will also say that we have had President Trump and Vice President Vance, and we have had many others coming to parts of the state in the last week.
The Republican Party in the General Assembly not only put constitutional amendments on the ballot to rally their base. That was the whole purpose of amending the Constitution, to turn out Republicans. They also made a last-minute repeal of the gas tax to try to bring gas prices down. They are doing everything they can to drive their turnout, and we know that on Election Day, Republicans will turn out in greater numbers. We are full steam ahead, making sure that every voter knows what is at stake and why these races matter so much. In the last five to eight years, maybe 10 years, we have especially seen the U.S. Supreme Court step away from protecting our rights on the crucial issue of partisan gerrymandering. Before this wave of gerrymandering wars across the country intensified, the Court had the opportunity in a case from North Carolina. In Rucho versus Common Cause, they had the chance to put a stop to it and say, “No, our democracy requires fairness.” They did not do that.
They said, “We’re going to leave it to the states.” When it came to women’s rights to control their own bodies, they said, “We’re going to leave it to the states.” With the recent Louisiana versus Callais decision essentially eviscerating any ability to enforce the Voting Rights Act of 1965, our rights were once again left to the states to enforce. What I think that means is that in order for people’s rights to be protected, we need people on our state courts and in our state government who are committed to enforcing those rights.
Mary Trump: Absolutely. I want to talk to you about your long civil rights career, but before we do that, I want to remind people that, as Justice Earls just said, Republicans are showing up to make sure that Republican turnout increases. I’ll say it: it sounds like they are pulling out all the stops, and we need to counter that. Even though the election is very close, that doesn’t mean campaigns don’t need donations. In fact, money toward the end of campaigns is crucial to get out the vote, to get people knocking on doors, et cetera, et cetera. So please, everybody, go donate to Justice Earls’ campaign. We have all the links for you, because, as I said earlier, it’s crunch time, and it could really, really, really make a difference. Justice Earls, you were in the civil rights division of the DOJ, so I can only imagine how traumatic it must be to see what is happening to what was once the crown jewel.
Please visit and donate to Justice Anita Earls’ Campaign HERE
As you said, it is so important to our civil liberties, our rights, and the rule of law to do whatever we can to elect candidates like you and keep them in office to stop the incursions into our rights. How are you positioned against your opponent? What do people need to know is in store for them if a Republican wins your seat?
Justice Anita Earls: I will say that my opponent is a career politician. She has been in the General Assembly for 17 and a half years, and she did not just serve as a rank and file member. She rose to number two in the State House leadership as speaker pro tempore, so she was a leader of the Republicans’ efforts. I will note that more than 15 laws that she voted for, sponsored, or wrote have been found to be unconstitutional, including two that the U.S. Supreme Court unanimously held were violations of the 14th Amendment. Beyond that, in terms of experience, I had 30 years as a civil rights attorney with extensive appellate experience, arguing cases in federal and state appellate courts. My opponent has never argued a single case in our court. Throughout this campaign, she has said she is running because she wants to make sure that courts are conservative. I am saying we should not have liberal judges or conservative judges.
We should have fair, independent, and impartial judges, and that is what I stand for. What is at stake in North Carolina really impacts the entire country, because in 2022, when our court was four Democrats and three Republicans, we ruled that extreme partisan gerrymandering violates the state constitution. We were not the first state Supreme Court to rule that. Pennsylvania was ahead of us, and there were a couple of others, but we looked at our state constitution and the guarantees of the right to vote. We have a clause stating that all elections shall be free and open, and we concluded that this means the will of the people needs to be reflected in who they elect. When we issued that ruling, North Carolina sent seven Democrats and seven Republicans to Congress, which reflects the purple nature of our state in a delegation of 14 members. That is a fair system, one where voters’ preferences are reflected in who gets elected.
But then we had an election for our state Supreme Court. Republicans swept and became a five to two majority on our court, and they took that case up again, which is unheard of. Once a court issues a final decision in a single case, that decision is supposed to be final, certainly for that case, if not as precedent for the future. But they said, “We’re going to rehear it.” They also said, “We as a state court have no power to tell the legislature how to redistrict.” Note that they did not say the districts were fair. They did not say that they respect the voting rights of the people of the state. They just said, “We as a court have no power.” The legislature redrew the map in 2024, and now we send 10 Republicans and four Democrats to Congress. If we had kept that seven and seven delegation from the beginning of the current administration, the House of Representatives would have been controlled by Democrats. That is a very different picture for the potential of checks and balances at the national level. We have the same kind of imbalance at the state level. Justice Allison Riggs, my colleague on the court, and I are the only two Democrats, and we are committed to getting us back to a court that will enforce our rights and ensure that our democracy works the way it should, so that when people go to vote, their preferences end up being respected in who is elected.
Mary Trump: That is so important, because I think people have become conditioned to think that judges are partisan actors. I think that is so devastating to our rule of law and to the way justice is supposed to work in this country. Do people on the ground in North Carolina understand what the right is doing? Do they understand the extent to which the Supreme Court and other bodies in the state are being rigged, essentially, to promote a partisan agenda, as opposed to what Chief Justice John Roberts ironically called calling balls and strikes, which I’m pretty sure he doesn’t do? Do people understand, and do they feel the unfairness of it? Do they see the extent to which this is a threat to their future civil liberties?
Justice Anita Earls: That is a great question. The contest in 2024 between Judge Griffin and my colleague Justice Allison Riggs is a good example. After all the votes were counted, recounted, and canvassed, Justice Riggs had won by 734 votes. Judge Griffin then sought to throw out over 60,000 ballots. A lot of people on that challenge list suddenly woke up and asked, “Oh my goodness, what is happening in our state?” I think that opened a lot of people’s eyes to the fact that courts really matter, because the party was spending millions of dollars trying to essentially overturn the results of that election. The problem is that there is still not enough coverage of what our court does. People are really surprised when I explain that under the state constitution, it is our court’s role to decide whether electricity prices are fair, because we review what the utilities commission does.
When Duke Energy wants to raise consumers’ electricity rates, it is our job to make sure they do that in compliance with state law. We make so many decisions about funding for public education, about workers’ rights, and I think people have been conditioned to think, “Oh, well, if I haven’t committed a crime, I don’t need to worry about the courts.” They just think of courts as criminal justice. That is part of our work, but a huge part of our work is also all of these civil disputes. That has been a major focus of this campaign. I have been going around the state trying to give people a common sense picture of what our court is doing and the challenges it faces. In this state, the power is with the voters, and that is where my hope lies. As one of just two Democrats on the court, I cannot really affect anything until we have a majority. The good news for North Carolinians is that in two years, three Republican seats are up. My race this year is laying the groundwork for what we can do in 2028.
Mary Trump: That is even more important, as you said, since what I refer to as the corrupt, illegitimate supermajority on the Supreme Court has abdicated all sorts of responsibilities. The states desperately need to pick up the slack and do the work the Supreme Court refuses to do. Before we end, I just wanted to look ahead. I’m feeling very confident about the midterms in general and about your race in particular. There’s a reason we asked you to be a Transcend champion, and we are so honored that you are one, because you represent the best of us. You understand public service, you understand the importance of accountability, and, as we have been talking about a lot, the rule of law and many other things. If Democrats get back into power and continue to build majorities going forward, what are the possibilities? Obviously, there is a lot to undo, but there is also a lot of positive work that can be done. What are you most hopeful about looking ahead until November 4th?
Please visit and donate to Justice Anita Earls’ Campaign HERE
Justice Anita Earls: First of all, let me say how grateful I am for your support. It means the world to me, and it is very encouraging. What I think we have to look forward to, and what we need to understand, is that as a judge, I am not promising how I would rule in any case. I am talking about my record in the past. What I have stood for includes living up to the guarantee of a sound basic education for all of our children in the state, which is a huge issue impacting our economy and our democracy, as well as protecting people’s consumer rights and, of course, our voting rights. As I said, the good news is that in two years, three seats on our court will be up for election. If voters send back to the court people who are committed to upholding the state constitution, I see a future where the legislature is actually responsive to the people, because it has to be. It can no longer gerrymander its districts. It would have to be responsible to the people.
All the issues that people care about, and that are impacting their lives, are on the table. That includes everything from affordable housing and access to healthcare to protecting the environment, educational opportunities, and being able to work and be paid a fair wage, with protection if they are injured on the job. All of these basic things should be part of our democracy, because I know that a majority of the people in this state want to see us address those issues. We can finally have representatives who will address the needs of the people in this state, and that is my goal. I see so many ways in which people are suffering. Some are disabled and cannot get the benefits they need to be supported. Others have been impacted by Hurricane Helene and are not getting help with recovery. There are so many ways in which people across North Carolina deserve to have their government, in all three branches, executive, legislative, and judicial, supporting them, being responsive to their needs, and, as I say, reinforcing their rights. That is where we need to get back to. I think people realize that. I sense a huge demand for change across the state, and I hope the people who feel that way will come out and vote.
Mary Trump: Absolutely. The issues you touched upon are not partisan, or they certainly shouldn’t be. Before we wrap up, I want to remind everybody to please make sure you’re registered to vote. If you’re not registered, go do that right now. If you are, check and keep checking until you have actually cast your ballot, because we need to be very careful this year that our votes are cast and counted. Before that, though, Justice Earls, you wanted to talk specifically to North Carolinians about same day registration.
Justice Anita Earls: Right. In North Carolina, there are things that are making it harder to vote here, but it is a state where early voting is underway. People can vote early until Saturday, October 31st, so you can vote today. At early voting, you can vote at any site in the county where you live, so you don’t have to worry about where your polling place is. Go to any early voting site in your county, bring your ID, and vote. If you haven’t registered, you can register and vote at early voting. Just bring your ID and proof of your address. If you have moved, go to the county where you live right now and register again. If there are any problems with your registration, you can correct them at early voting. I will also say that we have seen a real challenge in this state with absentee ballots being rejected. Absentee voting has been underway for a little while, and in some counties in North Carolina, as many as 7 to 8 percent of people who have filled out and mailed back their absentee ballot see it received but then rejected.
The main reason, I think something like 80 to 90 percent of the rejections, is that the interior envelope was not sealed. There is an envelope inside that you put inside a bigger envelope, and when the interior envelope is not sealed, that is enough under the current rules of the Republican controlled Board of Elections for the ballot not to count. Boards of elections are supposed to call people and give them their options. They can vote again, they can vote during early voting, or they can vote on Election Day. So I would caution people, as you just did, to double check whether they voted absentee and that the ballot was actually accepted. Encourage people to vote conveniently during early voting. If Election Day is your only option, make sure you are in the right precinct. It is so important that everyone’s voice is heard.
Mary Trump: Absolutely. Again, everybody be vigilant, be careful, vote, and please do donate to Justice Earls HERE, because this race is so important and she is already a force for good in the state of North Carolina. Imagine what Justice Earls could do if, in two years, she is in the majority on the North Carolina State Supreme Court. Justice Earls, it has been such a pleasure, truly. I know you are extraordinarily busy, and we are this close to the finish line. Thanks for spending some time with us. We are so grateful for everything you do.
Justice Anita Earls: Thank you. Really appreciate it.
Please visit and donate to Justice Anita Earls’ Campaign HERE
Let Justice Earls know that I already voted for her ☮️☮️☮️
So many northerners have moved here to NC - so we former northerners and working hard to make it Blue💙🩵💙