Consent Decrees

One of the most useful tools of antidemocratic Democratic politics is the consent decree. The way this works is that some state or local politician gets elected by promising votes the usual things that win elections; however, the newly elected secretly harbors a desire to appeal to the National Party so they can be considered as a Senator or a Presidential candidate. That means doing things local voters would never support, so an excuse is needed. The consent decree is the answer. 

The consent decree occurs when a lawsuit is filed by some friendly activist group, the politician 'is forced to admit the government is wrong,' and the two parties 'agree' on a settlement that a friendly judge then endorses. With careful judicial forum shopping you can be reasonably sure of the friendliness of the judge where you file the suit. The party's well-funded activists thus advance their agenda even though the agenda couldn't win at the ballot box -- often not even if Democrats were the only ones voting. 

One such case is currently in play in the Senate race here in North Carolina. Now you all know that I despise Roy Cooper for personal reasons dating especially to the Hurricane whose two year anniversary was yesterday. The reason to vote against him is Helene and how he treated the mountains and their people, from where I sit; but this bit is what everyone else seems to want to talk about. 

Roy Cooper turned loose many felons, half of whom went on to commit new crimes, several of whom committed new murders, one of which murders has become famous because of the beauty and innocence of the victim and the vicious character of the killer. 

Roy would like very much to be excused for having set all these killers free, and given more power and a national platform to boot. So, he explains, he had no choice: he was forced by a binding legal settlement. 

Except, this turns out to be just another consent decree: 

Cooper agreed to the deal in February 2021, settling a lawsuit brought by the NC NAACP, the ACLU of North Carolina, and Disability Rights NC. The settlement required the state to release 3,500 inmates over six months, framed as a public health response to COVID-19 in the prison system. But what Cooper's administration told state lawmakers at the time, that only non-violent offenders nearing the end of their sentences would walk free, turned out to be false. Violent offenders, including convicted murderers and rapists, made the list.... A 2024 state report found that 48 percent of the released inmates reoffended. More than 600 committed serious felonies.... 

When Cooper's team briefed North Carolina's General Assembly on the settlement, prison officials assured legislators that only convicts with sentences ending in 2021 would be released, nobody who had "committed a crime against a person." That assurance later collapsed.... 

The Washington Free Beacon reported that 51 North Carolina convicts serving life sentences for first-degree murder, second-degree murder, or first-degree rape appeared on the early release list. Over 90 percent of those lifers secured release after Cooper signed the settlement. These were not low-level drug offenders or people weeks from finishing their terms. They were among the most dangerous people in the state prison system.

Emphasis added. 

No majority even of Democratic voters would ever have endorsed this vision of the activist Left. I have no brief for prisons; I think we should completely abolish prisons because they don't work. However, until we develop a democratic agreement about what we might replace them with, this is the alternative: a bad and nonfunctional thing as a solution, but a workaround that prevents at least some violent crime being visited on ordinary people. It is the small-d democratic solution even if it is a bad one (as democratic solutions often are: popularity is no guarantee of wisdom, as we all learned in junior high school). 

If elected, we can be reasonably sure that Cooper will continue to genuflect to the antidemocratic activist Left; he will, as he has, continue to ignore what his constituents want in favor of what is wanted by those who can advance his power, position, and wealth. I wish his campaign every ill, even though I don't have any positive reason to favor his opponent.