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N.C.

Earls and Stevens Close Out N.C. Supreme Court Race; Result Will Leave GOP Majority at 5-2 or Make It 6-1

Democratic Justice Anita Earls and Republican former Rep. Sarah Stevens disagree over how much courts should check lawmakers and regulators. The court already upheld Duke Energy's 2023 rate increases 5-2 in May, and the seat's eight-year term runs past the 2030 Census.

How spun is the coverage?Coverage bias 4.3 / 10
4 sides analyzed14 sources cited

Two Seats, One Question About Power

On November 3, North Carolina voters will pick one justice for the state Supreme Court[1]. Republicans already hold 5 of the court's 7 seats. Only one seat is on the ballot[2][3].

So the GOP keeps its majority no matter who wins. A win by Republican Sarah Stevens would make it 6-1. A win by Democratic Justice Anita Earls keeps it at 5-2[2][3]. The prize is the size of the margin, and what a seat can do with a full eight-year term[2].

Earls is a former civil rights lawyer and has held the seat since 2018[1]. Stevens is a family law attorney. She served in the state House from 2009 until she resigned in June 2026 to run, and she was speaker pro tempore from 2017 to 2025[1][2]. The candidates made their final pitches in local media profiles published October 23–28[1][7]. WFAE also noted that many lower-court judicial races on the same ballot are uncontested[1].

Activist Judges, or Judges Who Check Power?

The two candidates agree on little, starting with what a high court is for. Stevens says "activist judges" have been "attempting to take over." She says Earls twists the state constitution to reach results she wants[7][9].

Stevens argues that courts should "follow the constitution as written, and the laws as written." She says they shouldn't "upset precedent unless it's clearly a violation of the constitution"[14]. On redistricting, she says the text is clear that the General Assembly draws the maps[8].

Earls answers that "an activist judge is just a judge you disagree with." She says the real activism came in 2023. The new Republican majority reheard cases the court had already decided and reversed them[7]. She calls that "a radical break with 205 years of history"[8]. In her view, it gave lawmakers "free rein" to draw maps for partisan advantage[8].

Here are the facts both camps accept. In 2022, a Democratic majority that included Earls struck down legislative and congressional maps as partisan gerrymanders. After Republicans won a 5-2 majority, the court reversed that ruling in 2023[8]. Since then, state courts don't police partisan gerrymanders under the state constitution[8][3].

The Deference Question

Underneath both fights sits one question. How far should judges defer to another branch? On maps, that branch is the legislature. On utility rates, it is expert regulators[5][8].

Stevens's side says courts should stay out of policy the constitution or the legislature has handed to others. Voters can hold lawmakers accountable at the ballot box[8]. Earls's side says courts exist to check those bodies when they act unlawfully or unfairly.

Each candidate's answer predicts her votes in both kinds of case. Both camps tend to talk about results instead. That leaves the doctrine underneath less discussed.

The Duke Case Is Already Decided

One premise needs correcting. The big Duke Energy rate case isn't still coming. On May 22, 2026, the court upheld the Utilities Commission's 2023 rate increases for Duke Energy Carolinas and Duke Energy Progress. The vote was 5-2[4][6].

Earls dissented in part, joined by Justice Allison Riggs. Her target was the return on equity (ROE) set for Duke Energy Carolinas[4][6]. ROE is the yearly profit rate a utility is allowed to earn on the shareholder money it uses to build plants and lines. Regulators build that rate into customer bills.

The tension is real on both sides. Set the ROE too low, the commission's side argues, and investors demand more to fund the grid. The utility's borrowing costs rise, and customers pay for that later[5]. Set it too high, and households pay more now.

The numbers explain the dispute. Regulators set Duke Energy Progress at 9.8% in August 2023. They set Duke Energy Carolinas at 10.1% in December 2023, about four months later[6]. Carolinas serves the western part of the state, so western customers pay under the higher return[5].

Earls wrote that the two utilities presented substantially similar evidence. In her words, "the Commission determined that 1+1=2 in the first order and 1+1=3 in the second"[4][6]. The commission says each order rests on the evidence in that case. Financial conditions changed between the two[5].

The next round has already started. Duke is asking the Commission for a 10.95% return. The Attorney General is asking for 7.4%[6]. Any court appeal would come later, possibly before whoever wins this seat.

Ethics, Maps and the 2030 Census

Ratepayer and clean-energy advocates see the ruling through ethics. Chief Justice Paul Newby took part in the case. His financial disclosure lists Duke Energy stock owned by his wife[6]. They also note that Justice Phil Berger Jr.'s father, Senate leader Phil Berger, sponsored the law that changed the Utilities Commission[6].

Those points come from the Energy and Policy Institute, a utility watchdog. It notes the outcome would have been the same without Newby. The League of Conservation Voters, which backs Democrats, argues Stevens voted as a legislator for bills that let Duke keep raising rates. That is the group's own characterization[13].

Both sides have incentives tied to the calendar. A term starting in 2027 and running eight years would cover maps drawn after the 2030 Census[3]. Democrats want a judicial voice for partisan-fairness claims in that cycle. Republicans want to keep courts from blocking those maps[3]. Earls's backers also see the seat as a base for the 2028 fight over the majority[3][9].

The money and polls lean one way. Reports through mid-2026 show Earls raised about $4.4 million and Stevens about $336,000[10]. Published polls have put Earls ahead, at 47–50% to Stevens's 36–44%, with many voters undecided[11]. WFAE reported that Stevens has been largely absent from the campaign trail[12].

Same Race, Different Stories

Coverage splits by outlet. WFAE ran a voter-guide piece that names the Duke dissent and the redistricting split without picking a side[1]. Axios framed the race as a spar and quoted both sides' "activist" lines back to back[7].

The Carolina Journal, from the John Locke Foundation, treats the race mostly as positioning for control of the court in 2028[3]. The Center Square's headline said only that Duke's rate hikes were "affirmed." It left out the 5-2 split and the higher rates for western customers. No national right-leaning outlet turned up in the research.

Progressive outlets lead elsewhere. Bolts builds the race around voting rights, Earls's strongest ground[9]. The Energy and Policy Institute opens with conflicts of interest before the holding[6]. A Cardinal & Pine opinion piece focuses on how the ruling may enrich the chief justice, with little on the court's legal reasoning. Outside the U.S., this down-ballot race is essentially unreported.

What happens next is partly settled and partly open. The majority stays Republican either way. What isn't settled is whether the court keeps two dissenting votes, and who will hear the next Duke appeal and the maps drawn after 2030.

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The Bias Ledger average rating 4.3

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
WFAEU.S. center (Charlotte NPR member station)2A closer look at judicial candidates on the ballot — and why so many are uncontestedA voter-guide frame that names the Duke dissent and the redistricting split without picking a side. A separate October 9 story pointed out Stevens's thin campaign schedule.
The Center SquareU.S. right-leaning (Franklin News Foundation)3Duke Energy rate hikes affirmed by Supreme CourtA plain 'affirmed' frame. The headline leaves out the 5-2 partisan split and the higher rates for western customers.
AxiosU.S. center3Anita Earls, Sarah Stevens spar for N.C. Supreme Court seatA conflict frame that quotes both sides' 'activist' lines back to back.
Carolina JournalU.S. right (John Locke Foundation)4NC Supreme Court race could shape battle for court majority in 2028Treats the race mainly as partisan positioning for control of the court. Gives less weight to ratepayer or fairness claims.
BoltsU.S. left (progressive-leaning nonprofit outlet on election and justice policy)4They've Long Clashed on Voting Rights. Now They're Facing Off for a Supreme Court Seat.Builds the whole race around voting rights, which is Earls's strongest ground. Her past as a voting-rights litigator is the lens.
Energy and Policy InstituteU.S. left (utility watchdog critical of investor-owned utilities)6Amid financial conflicts and recusal concerns, NC Supreme Court upholds Duke Energy rate hikeOpens with ethics before the holding. It does note that the outcome would have been the same without Newby, but the frame is conflict of interest.
Cardinal & Pine (Opinion)U.S. left (Democratic-aligned Courier Newsroom network)8Opinion: How the NC Supreme Court's Duke Energy ruling may enrich the chief justiceA personal-enrichment frame aimed at one justice. The court's legal reasoning is largely absent.

References

  1. A closer look at judicial candidates on the ballot — and why so many are uncontested — WFAE · Public radio (NPR member), center
  2. What to know about the Earls-Stevens race for NC Supreme Court — The Duke Chronicle · Independent student newspaper, Duke University
  3. NC Supreme Court race could shape battle for court majority in 2028 — Carolina Journal · Conservative; published by the John Locke Foundation
  4. NC Supreme Court upholds Duke Energy rate increase from 2023, which charges eastern and western NC residents differently — CBS17 · Commercial local TV news (Nexstar), center
  5. State ex rel. N.C. Utilities Commission v. Carolina Industrial Group for Fair Utility Rates II (2026) — FindLaw (N.C. Supreme Court opinion text) · Primary source: court opinion
  6. Amid financial conflicts and recusal concerns, NC Supreme Court upholds Duke Energy rate hike — Energy and Policy Institute · Utility watchdog critical of investor-owned utilities; foundation-funded
  7. Anita Earls, Sarah Stevens spar for N.C. Supreme Court seat — Axios · Center
  8. Anita Earls says 2022 NC Supreme Court ruling against gerrymandering was correct — WFAE · Public radio (NPR member), center
  9. They've Long Clashed on Voting Rights. Now They're Facing Off for a Supreme Court Seat. — Bolts · Progressive-leaning nonprofit outlet
  10. Democrats sport big fundraising advantage in North Carolina Supreme Court race — Axios · Center
  11. 2026 North Carolina judicial elections — Wikipedia · Crowd-edited reference; compiles polls
  12. NC Supreme Court candidate largely absent from campaign trail — WFAE · Public radio (NPR member), center
  13. Court Rules For Duke Rate Hikes — NC League of Conservation Voters · Environmental advocacy group; endorses Democratic candidates
  14. Earls, Stevens face off for NC Supreme Court seat with dueling visions for the bench — WRAL · Commercial local TV news, center