On Friday, April 28, the Republican-majority Supreme Court of North Carolina ruled in favor of voter ID laws and gerrymandered legislative districts previously ruled illegal by the then Democratic-majority court. The court also stripped the franchise from felons still under parole or probation.
Then on Tuesday, May 16th, the Republican supermajority in the North Carolina General Assembly voted to overturn the Democratic governor’s veto of an abortion ban bill. The new law bans abortions after a mere 12 weeks with few exceptions, and requires multiple prior doctor appointments with 72-hour waiting periods, effectively limiting the window for the procedure to barely 10 weeks and effectively banning abortions for poor and rural women. The bill was passed, controversially, after a Democratic state representative (elected promising to defend abortion rights) near Charlotte flipped parties, handing the GOP enough votes to overturn the Governor’s veto.
This marks the latest chapter in the now decade-long saga of attacks on the democratic rights of North Carolinians. Ever since the historic Republican victory in the 2010 state legislative elections, our state has been a testing ground for conservative policy, with voter ID and redistricting at its center. North Carolina, like the rest of the South, was long politically dominated by the Democratic Party. This began to change during the Civil Rights era party realignment, exemplified in our state by Jesse Helms, the conservative firebrand elected in 1972 as the first Republican senator from NC since 1903.
Over the ensuing decades, conservative white voters continued to flock to the GOP, culminating in 2010. That year, the GOP won control of both houses of the state legislature for the first time in history, and this control remains unbroken. Once in power, they immediately moved to cement their power with gerrymandered redistricting and a voter ID law. Now they can claim overwhelming majorities in the house and senate, regardless of any electoral result the popular vote might suggest. The Democratic party responded with the same failed electoral strategy it employs at every level – platitudes about “defending” a status quo that was rapidly shrinking away, fixation on an increasingly Republican-packed court system as an impartial arbiter of justice, and a total focus of electoral efforts on the figurehead-in-chief (the governor here, the President federally).

For over a decade, the NC Democratic party and its nonprofit appendages have fought the antidemocratic (and clearly racist) drawing of gerrymandered districts for both houses of the NCGA and the US House of Representatives. Repeated court rulings had struck down districting maps on the grounds that they violated the Voting Rights Act, only for the very same illegitimately-elected General Assembly to adjust two squiggles on the map and proclaim the patient healed. Then Donald Trump handed the U.S. Supreme Court to the most reactionary wing of “textualist” justices via Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, and the conservative wing of that court set about striking down every federal law that got in the GOP’s way. This infamously involved their decision last year to overturn Roe v. Wade, but it must be remembered that it began at the federal level the same way as it did down here – gutting the very Voting Rights Act that NC Democrats had relied on in the courts to fix the undemocratic manipulations of the Republican party.
Until the passage of the Voting Rights Act, post-Reconstruction North Carolina and the rest of the South were one-party states in all but name, catering to the interests of capital, the old planter class, and reactionary white opinion. We are now facing the possible return to this order on a larger scale. Over the past decade we have seen the conservative movement re-emerge as a well-oiled machine with an increasingly visible street fighting presence and a keen eye on institutional power. Where they win power (through slim margins, gerrymandering, or the Electoral College) they move to secure it with judicial appointments and by shaping the next election to their advantage. In power, the GOP has shown little restraint in pursuing a hard reactionary agenda cheerled by the loudest sliver of white hooded fascists, despite the popular backlash it frequently incites among the oppressed majority. This is the terrain of struggle we face.
As communists, the writers and readership of this article all know both the pitfalls of bourgeois democracy as well as the importance of democratic rights. Rehashment here is unnecessary. We must simply chart a course between sectarian isolation and liberal tailism. What is important to state here are three interconnected points:
- We must be in the struggle for democratic rights. It will not do to tell oppressed peoples, especially those not even a generation removed from Jim Crow, that their voting rights don’t matter because elections won’t save us. The rights of the oppressed are under attack – where should we be if not the forefront of their defense?
- Struggling on the path of elections, legislatures, and courts is an increasingly narrow needle to thread. We cannot merely follow the defensive position of the Democratic party as the GOP they view as a necessary counterweight increasingly embraces fascism. We cannot abandon any battlefield to merely let the liberals and fascists duke it out. Every site of struggle, every weapon, must be ours.
- The inability of the present constitutional order to reflect a semblance of majority opinion calls that order into question. Even when and where we are forced to struggle toward reformist demands or defensive measures, we must be clear that victories are only small battles in the far larger class war. When we lose ground within the framework of bourgeois democratic rights, we cannot allow ourselves to retreat.
There may be times where electoral participation is called for, where having leftist elected officials is beneficial. But we should not put our hope in reformist comforts within the system. Legal protests will continue to have their place, but we need to prepare for increased repression. We need to develop and practice a mindset in which we expect our legal rights to be disregarded and where they function as a weapon, not a rescue. We know that we cannot simply declare a revolution, but the system is designed, increasingly directly, to force us to surrender outright if we do not accept exactly those means which are proscribed by the system.
The post-Sixties consensus is being undone. This is in effect the culmination of an ongoing counter-revolution that began immediately after the conclusion of the Civil Rights and Women’s Movements. The liberal majority of the US took it for granted that Roe v. Wade would be upheld, the Voting Rights Act enforced, that the “norms” and precedents and even the laws of bourgeois democracy were infallible. They were wrong. Using the existing legal framework, a minority conservative movement has leveraged its natural advantages to take power and push for a Leave It To Beaver dream on a higher level. Their success has shocked the liberal majority and led to the questioning of the power of the Supreme Court, the existence of the Electoral College, and the structure of the Senate. Beyond this, we must ask what the point is of a constitutional order that fails to represent the interests of the majority of the population. This opens space for a broader struggle against the foundations of the US state, and we would be remiss to not take advantage of it as best we can.
We welcome any commentary, criticism, clarifications, elaborations, or other responses, especially from fellow communists in North Carolina. We could go on writing at length about what the struggle should look like here, but if we all talk only to ourselves we will never form a coherent line, and we will surely flounder and fail to lead the struggle against fascism, locally, nationally and internationally.