RALEIGH, N.C. — North Carolina’s newly inaugurated Governor Josh Stein has expressed strong disapproval of recent legislation introduced by Republican lawmakers that diminishes some gubernatorial appointment authority. He described these legislative moves as “partisan power grabs” that undermine the will of North Carolina voters as expressed at the polls.
Stein has responded by filing a lawsuit in Wake County against House Speaker Destin Hall and Senate leader Phil Berger. The lawsuit targets specific sections of extensive legislation that stripped him of his ability to appoint judges to fill court vacancies as well as designate members to the commission overseeing utility services such as electricity and natural gas. This comprehensive legislation was passed by the Republican-majority General Assembly in December, overriding then-Governor Roy Cooper’s veto.
In a statement released by his office on Monday, Stein asserted that his decisive victory in the gubernatorial election last November is a clear sign from the public for him to retain his appointment powers. “I filed this lawsuit to ensure that their vote is respected, to restore balance to our state’s branches of government, and to put our Constitution ahead of power grabs,” he stated.
The lawsuit also challenges modifications made to the appointments for the state Building Code Council, which were approved following a veto override last September. Previous suits dated back to December when Cooper and Stein filed claims against similar aspects of the omnibus legislation that removed powers to appoint members to the State Board of Elections and the state Highway Patrol commander. During his tenure, Cooper, a fellow Democrat, pursued several lawsuits against Republican leaders regarding his executive powers but achieved mixed outcomes.
In this latest legal action, Stein aims to declare unconstitutional the provisions that impose restrictions on his ability to appoint judges to fill vacancies on the state Supreme Court and the 15-member Court of Appeals. The state constitution mandates that the governor is responsible for filling judicial vacancies, and the lawsuit argues that this was intended by the founders to be an exclusive authority vested in the governor.
The law now requires that the governor must choose an appointee for an appellate court vacancy from a list of three candidates proposed by the departing judge’s political party. This contrasts with the traditional practice wherein governors appointed individuals from different parties to fill such positions.
Compounding the situation, the current Utilities Commission, which presently has seven members, will soon be reduced to five. Absent this recent legislation, the revised commission would include three members selected by the governor and two appointed by the General Assembly. However, the legislation would allow the state treasurer, who is currently a Republican, to make one of the governor’s appointments starting this summer, thereby further limiting the governor’s influence.
The law also removes the governor’s authority to appoint the commission’s chairman, which the lawsuit argues breaches the constitutional separation of powers and fails to provide the governor sufficient control to ensure effective law enforcement.
Stein’s lawsuit employs similar reasoning to argue against the changes proposed for the Building Code Council. While the governor would appoint seven of the council’s thirteen members, Stein’s legal team contends that this setup still does not grant him adequate control since significant decisions require an agreement from nine members.
Spokespersons for Hall and Berger did not respond promptly to inquiries concerning the lawsuit. Republicans have historically maintained that the legislature should possess more power compared to the executive branch, asserting that that power does not reside solely with the governor.
Ongoing judicial proceedings are anticipated for other existing power-related lawsuits initiated by Cooper, Stein, or both. A judge recently ruled that the challenges regarding the Highway Patrol commander and State Board of Elections changes would be examined by groups of three trial judges. Additionally, the state Court of Appeals is slated to hear arguments next week pertaining to Cooper’s lawsuit against the structural composition of several state boards and commissions as defined in a 2023 law.
