Recent legal actions taken by North Carolina's new Governor Josh Stein reveal a fierce political struggle over gubernatorial powers in the Tar Heel state. The Democratic governor has launched a legal battle against Republican lawmakers, targeting their attempts to curtail his authority through recent legislation. Stein argues these laws undermine his ability to effectively govern and defy the expressed will of the voters.
Governor Stein's lawsuit, filed in Wake County court, challenges sweeping legislative changes that diminish his powers to fill court vacancies and appoint members to essential regulatory bodies, such as the commission overseeing electricity and natural gas. This omnibus law, enacted by the Republican-dominated General Assembly in December, overrode a veto from former Governor Roy Cooper. It also included state Building Code Council appointment changes introduced last September.
A Fierce Legal Battle Begins
In a strong statement issued by his office, Stein emphasized the importance of safeguarding the electoral decisions of North Carolinians. He remarked, 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. This legal move underscores the ongoing tension between the executive and legislative branches in North Carolina.
Notably, Stein's lawsuit isn't the first of its kind. Both he and former Governor Cooper have a history of challenging similar provisions that strip away the governor's authoritative roles, such as appointing State Board of Elections members and the state Highway Patrol commander. These lawsuits have seen varied outcomes, reflecting the complex nature of power dynamics in state governance.
Constitutional Concerns at the Core
The crux of Stein's legal argument rests on the North Carolina Constitution, which provides the governor with the authority to fill judicial vacancies. Stein's suit contends that the recent law violates this constitutional principle by limiting his selectors to a pre-approved list of candidates suggested by the political party of the outgoing judge. This restricts the historically unfettered discretion governors have enjoyed in choosing candidates, potentially leading to a skewed judicial landscape.
Furthermore, the lawsuit raises issues about the reduction of the Utilities Commission's size from seven to five members, which affects the governor's appointment power. The new law reallocates one of the governor's traditional appointments to the state treasurer, a position currently held by a Republican, thereby diluting the governor's influence.
The Road Ahead: Ongoing Legal Struggles
As Governor Stein continues to challenge these power-shifting laws, the courtroom becomes the latest battleground for North Carolina's executive authority. Meanwhile, Republican leaders assert the legislature's traditional dominance over the state's political structure, believing their actions fall within historical norms. As these issues play out, the legal landscape remains fluid, with additional hearings and decisions anticipated in the coming weeks.
Pending lawsuits continue to unfold, including those concerning the Highway Patrol commander and the State Board of Elections. These cases are set to be adjudicated by panels of three trial judges, while the state Court of Appeals will deliberate on another lawsuit filed by Cooper challenging the constitutionality of a 2023 law's board compositions.
The outcome of these legal challenges will not only define the current administration's scope of authority but may also impact future gubernatorial powers and set a precedent for how executive and legislative powers are balanced in North Carolina.