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N.C.

Earls Wins Re-election to N.C. Supreme Court, 58.85% to 41.15% in Unofficial Returns; Court Stays 5-2 Republican

Democratic Justice Anita Earls defeated Republican Sarah Stevens. The result does not change who sits on the court, and the same seven justices will hear Gov. Josh Stein's challenge to laws limiting his appointment powers on Nov. 10.

How spun is the coverage?Coverage bias 4.2 / 10
5 sides analyzed20 sources cited

A Win That Changes Nothing, and a Case That Could Change a Lot

On Nov. 3, North Carolina voters re-elected Justice Anita Earls, a Democrat, to the state Supreme Court. She beat Republican Sarah Stevens, a former state House member. In unofficial returns, Earls has 58.85% and Stevens 41.15%, with 99.96% of precincts reporting[2]. Axios rounds that to 59% to 41%[1]. The results aren't certified yet[2].

Here's the odd part. It was a lopsided win, and it moves almost nothing. The court stays 5-2 Republican[1]. Its seven members have been the same since Democrat Allison Riggs joined in September 2023[2]. Earls' new term runs through 2034[1].

The race still drew heavy money. The Brennan Center estimates North Carolina Families First spent $2,748,125 and the American Civil Liberties Union spent $1,134,426. The ACLU of North Carolina announced a $3.5 million campaign for Earls[12]. So why spend that much on a seat that was already hers?

Why the Seat Matters Beyond the Seven

The answer lies in 2028. Three Republican-held seats will be on the ballot that year. If Democrats win two, they take back the majority they lost in 2022[4][13].

That majority would matter a great deal. The court that sits after 2028 would hear challenges to new district maps drawn after the 2030 census[4]. Earls' supporters say a dissenting voice keeps that goal in reach. They point to coming cases on abortion and gerrymandering, where they argue a dissent can shape the law[12][4].

Republicans see the same math from the other side. They would like a 6-1 court, which would make control safe through 2028. They'd also like rulings that favor the legislature in separation-of-powers fights[13][16]. Their allies add that the 5-2 split reflects how voters chose in 2020, 2022 and 2024. The party lost a chance to widen its hold, but its majority is safe for now. In 2028 it has to defend three seats[4].

Stevens ran as a lawyer with more than 30 years in family-law practice and long legislative experience[1]. She represented Surry County in the state House from 2009 to 2026. She was speaker pro tempore from 2017 to 2025, and she resigned in June to focus on the race[1][15].

The Duke Ruling at the Center of the Campaign

Earls' backers made one ruling their main example. On May 22, 2026, the court voted 5-2 to uphold Duke Energy rate increases that state regulators approved in 2023. Earls dissented, and Riggs joined her[8][11].

To see the dispute, you need to know how a utility's profit is set. Duke is a monopoly, so regulators set the return on equity (ROE). That's the profit rate investors can earn on the money they put into power plants and lines. If the rate is too high, customers pay more than they need to. If it's too low, investors put their money elsewhere. Then Duke must pay more to borrow, and that cost also lands on customers' bills.

The majority opinion, by Justice Trey Allen, held that setting ROE "requires regulatory judgment." It found the Utilities Commission explained its choice well enough[8][19]. The court's defenders see a court letting expert regulators do the job state law gives them[8]. Their view is that a judge should apply the law as written, not swap in a personal view of good policy.

Earls saw it differently. She wrote that the decision means "Duke Energy will charge consumers in the western part of the state more than consumers in the eastern part of the state for identical electrical services." She called the regulators' decision "quite plainly unlawful and arbitrary." By her count, Duke Energy Carolinas customers will pay $129 million more than the company's other customers[9][10].

Critics such as the Energy and Policy Institute, a watchdog group that opposes utility influence, say the court went too easy on regulators. They also raised questions about justices' financial conflicts and recusal[9]. Ratepayer advocates want closer court review of the multi-year rate plans a 2021 state law allows[10].

Nov. 10: Same Seven Justices, Bigger Question

Next comes a case that is easy to confuse with the election. On Nov. 10, the court hears Gov. Josh Stein (D) against Senate leader Phil Berger and House Speaker Destin Hall, both Republicans. It has set 2.5 hours of combined arguments in Stein v. Berger and Stein v. Hall[5].

The election doesn't change who decides it. Earls' current term runs through 2026, and the bench is the same either way[2][5].

Stein is challenging a 2024 law with two parts. One part requires him to fill an appeals court or Supreme Court vacancy from three names given by the departing judge's party. A divided Court of Appeals upheld that rule 2-1, reversing a trial court that had ruled for Stein[6]. The other part moved some of his board appointments to other officials. That includes one Utilities Commission seat, now chosen by the Republican state treasurer[6][20].

Treasurer Brad Briner (R) used that power to appoint Donald van der Vaart in July. Briner later dropped his own Supreme Court appeal. The utilities issue reaches the court through Stein's appeal[7].

Two Readings of the Same Law

Stein argues the state constitution gives the governor appointment power, and the legislature can't hollow it out. In his view, the party-list rule lets party officials, not the elected governor, pick who joins the state's top courts. He says moving board seats strips the executive branch of control it needs[6][17]. All five living former governors filed briefs backing his position[17].

Any governor, regardless of party, has an institutional interest in keeping that control. Stein also wants back powers the Republican-led legislature trimmed after he took office. That includes a say over the Utilities Commission, which sets Duke's rates[6][20].

The legislative leaders argue the constitution gives the General Assembly broad power to set up and staff state boards. They say the vacancy rule respects voters. A seat voters gave one party stays with that party until the next election, instead of going to whichever party holds the governor's office[6][17]. Briner argues that elected Council of State officials like himself are legitimate appointing authorities. He says the Court of Appeals agreed[18][7].

Both sides frame this as a question about the legislature's power to write rules, not about partisan advantage[17]. The legislature also has a stake in keeping its say over appointments[6][20]. Whoever names judges, and whoever sits on the commission that sets Duke's rates, shapes policy without any election.

How the Coverage Split

Outlets told the election story differently, though few got the numbers wrong. Carolina Journal, published by the conservative John Locke Foundation, ran a plain results story. It stressed that the court's membership stays the same[2]. The foundation also filed a brief backing lawmakers in the Stein cases[17]. The story itself doesn't show that lean.

Axios moved quickly to the 2028 fight over control of the court[1]. NC Newsline, part of the progressive-funded States Newsroom, placed the win inside the Democratic Party's long-term effort to retake the court[4]. Cardinal & Pine, part of the Democratic-aligned Courier Newsroom, listed only Democratic winners in its headline and talked about flipping the court "blue"[14].

The Duke ruling split along similar lines. The Center Square led with the majority's reasoning that regulators get deference[8]. The Energy and Policy Institute and the NC League of Conservation Voters put ethics questions and customer costs first[9][10]. One caution applies to any story that links the election to Nov. 10: the vote did not affect that case, because the bench is the same[5].

What remains open is the case itself. The seven justices who upheld the Duke rates in May will decide who fills court vacancies and who names a Utilities Commission member. The 2023 rates stay in place, and so do the Court of Appeals rulings unless the justices reverse them[6][7]. The election decided 2034. The Nov. 10 arguments start deciding who holds appointment power in between.

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The Bias Ledger average rating 4.2

The same story, as framed by outlets across the spectrum, ordered least to most biased. The bias score (1 = straight, 10 = heavily spun) is an AI assessment of that framing — click an outlet to see its track record. The tell is the word choice or omission that reveals the angle.

OutletVantageBiasHow they frame itThe tell
Carolina JournalU.S. right (John Locke Foundation)2Democrats sweep NC Supreme Court, Appeals Court racesA straight, precise results story (58.85%, 99.96% of precincts) that stresses no change in partisan balance. Its parent group is an amicus on the lawmakers' side in the Nov. 10 case. The story itself does not show that bias.
AxiosU.S. center2Democrat Anita Earls defeated Republican Sarah Stevens in N.C. Supreme Court raceRounds the result to 59-41 and moves quickly to the 2028 'control' angle. Neutral, but the forward look shapes how readers see the win.
The Center SquareU.S. right-leaning (Franklin News Foundation)3Duke Energy rate hikes affirmed by Supreme CourtPuts the majority's reasoning that regulators get deference first. It gives the dissent's cost-to-customers argument less weight.
NC NewslineU.S. left (States Newsroom, progressive-funded nonprofit)4Democratic Justice Anita Earls wins reelection to the NC Supreme CourtPlaces the win inside 'the Democratic Party's long-term effort to retake control' and stresses 2028. Accurate, but the frame is the Democrats' strategy.
Cardinal & PineU.S. left (Courier Newsroom, Democratic-aligned)7North Carolina's 2026 election: Roy Cooper, Jamie Ager, Anita Earls winLists only Democratic winners in the headline, and the story talks about flipping the court 'blue.' This is a scoreboard told from one team's side.
Energy and Policy InstituteU.S. left (utility-watchdog advocacy group)7Amid financial conflicts and recusal concerns, NC Supreme Court upholds Duke Energy rate hikePuts ethics questions ahead of the ruling itself and calls the 2021 law 'deeply flawed.' This is advocacy framing.

References

  1. Democrat Anita Earls defeated Republican Sarah Stevens in N.C. Supreme Court race — Axios Raleigh · U.S. center; commercial digital newsroom
  2. Democrats sweep NC Supreme Court, Appeals Court races — Carolina Journal · Conservative; published by the John Locke Foundation, an amicus for lawmakers in Stein cases
  3. Democratic Justice Anita Earls wins reelection to NC Supreme Court — WRAL · U.S. center; commercial Raleigh broadcaster
  4. Democratic Justice Anita Earls wins reelection to the NC Supreme Court — NC Newsline · Progressive-leaning; States Newsroom nonprofit funded largely by progressive donors
  5. Stein, legislative leaders to clash in top NC court on Nov. 10 — Carolina Journal · Conservative; John Locke Foundation
  6. Appeals Court favors lawmakers over Stein in judicial, utilities case — Carolina Journal · Conservative; John Locke Foundation
  7. Briner drops Utilities Commission appointment appeal to top NC court — Carolina Journal · Conservative; John Locke Foundation
  8. Duke Energy rate hikes affirmed by Supreme Court — The Center Square · Right-leaning; Franklin News Foundation
  9. Amid financial conflicts and recusal concerns, NC Supreme Court upholds Duke Energy rate hike — Energy and Policy Institute · Left-leaning utility-watchdog advocacy group critical of utility influence
  10. Court Rules For Duke Rate Hikes — NC League of Conservation Voters · Environmental advocacy group that endorses Democratic candidates
  11. NC Supreme Court upholds Duke Energy rate increase from 2023, which charges eastern and western NC residents differently — CBS17 · U.S. center; commercial Raleigh broadcaster
  12. Buying Time 2026 - North Carolina — Brennan Center for Justice · Left-leaning legal think tank (NYU-affiliated); tracks judicial campaign spending
  13. North Carolina Supreme Court race on Nov. 3 could shape 2028 majority — Ballotpedia News · Nonpartisan election-data nonprofit (Lucy Burns Institute)
  14. North Carolina's 2026 election: Roy Cooper, Jamie Ager, Anita Earls win — Cardinal & Pine · Democratic-aligned; part of Courier Newsroom
  15. State Rep. Sarah Stevens, running for NC Supreme Court, resigns her seat — WRAL · U.S. center; commercial Raleigh broadcaster
  16. NC Supreme Court race could shape battle for court majority in 2028 — Carolina Journal · Conservative; John Locke Foundation
  17. Stein, lawmakers submit final words in showdown at top NC court — Carolina Journal · Conservative; John Locke Foundation
  18. Treasurer Briner Applauds N.C. Court of Appeals Decision Affirming Utilities Commission Appointment — N.C. Department of State Treasurer · Official government statement from a Republican elected official who is a party to the dispute
  19. State ex rel. Utilities Commission v. Duke Energy Progress LLC (2026) — FindLaw (N.C. Supreme Court opinion) · Primary source; court opinion
  20. NC Supreme Court takes two cases pitting Stein against top lawmakers — Carolina Journal · Conservative; John Locke Foundation