North Carolina Governor and Governor-Elect Sue State Republican Leaders Following Veto Override
The outgoing and incoming governors of North Carolina assert in their lawsuit that a recently passed law undermines executive authority and poses a risk to public safety.
North Carolina Governor Roy Cooper and Governor-elect Josh Stein, both members of the Democratic Party, filed a lawsuit this week against Republican leaders in the legislature, arguing that the newly enacted law breaches the state constitution by diminishing the governor’s powers.
This lawsuit came just one day after the General Assembly successfully overrode the governor’s veto of a comprehensive bill that, among other provisions, reallocates certain powers away from the executive branch of the state government.
The 131-page legislation encompasses a wide range of provisions, including the distribution of disaster relief funds and alterations to various state laws, such as transferring the authority to appoint members of the State Board of Elections from the governor to the state auditor. This transfer is slated to occur by next spring.
A Republican is set to occupy the state auditor position soon.
Furthermore, the law limits the governor’s capacity to fill vacancies on the state Supreme Court and Court of Appeals and restricts the attorney general from pursuing legal positions that contradict those of the General Assembly in lawsuits challenging state laws.
One of the bill’s disaster relief provisions allocates $227 million from the “Savings Reserve” to the “Helene Fund” to support recovery efforts following Hurricane Helene, which caused historic flooding in Western North Carolina in late September. The bill stipulates that these funds will remain unutilized until appropriated by the General Assembly.
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During the debate over the override of Cooper’s veto, a Republican legislator from Western North Carolina urged colleagues to approve the bill for transferring funds into the disaster relief fund, asserting that “Western North Carolina needs the help.”
Representative Destin Hall (R), who initiated the motion to override the veto, remarked that the bill has been treated as a “political football.”
In response to criticism regarding the bill’s alterations in appointment procedures, he stated that the General Assembly has the authority to implement these changes. “Voters elected this body just as they did Gov.-elect Stein,” he added.
Responding to queries about the legislature’s approach to disaster relief after Hurricane Helene’s impact, he emphasized the time required to evaluate needs before allocating and distributing disaster relief funds.
“It is not unusual for this body to manage this particular storm relief,” he contended.
A Democratic representative from Western North Carolina stated during the same debate that the bill “fails to meet the moment and does not align with North Carolina’s values.”
Appointment of State Highway Patrol Commander
Col. Freddy Johnson, the commander of the North Carolina State Highway Patrol, who was appointed by Cooper in 2021, is also a defendant in the lawsuit.
Cooper and Stein claim that the bill effectively deprives the incoming governor of the authority to remove Johnson and to appoint a new State Highway Patrol commander.
This legislation secures Johnson’s position until 2030, extending beyond Stein’s four-year term.
The lawsuit contends that removing significant law enforcement roles from the governor’s oversight violates the principle of separation of powers.
This provision encroaches on executive responsibilities and could potentially undermine the state’s capacity to maintain order during emergencies, they argue in the lawsuit, which was filed in Wake County on December 12.
Cooper released a statement asserting that the legislature cannot both craft the laws and select the officials responsible for enforcing them.
“Disrupting the executive branch’s chain of command in law enforcement or any other executive agency is unconstitutional and diminishes our capacity to respond to emergencies and protect the public,” the governor emphasized.
Republicans, who maintain strong majorities in both chambers of North Carolina’s legislature, argue that the new measure is legal and essential.
After the vote to override, Republican leaders highlighted the legislation’s provisions for disaster relief and other state matters following the devastation caused by hurricanes earlier in the fall.
The governor and his successor have labeled these assertions as disingenuous, accusing legislative leaders of exploiting immediate needs to disguise what they characterize as a “power grab.”
The three defendants named in the lawsuit—House Speaker Tim Moore, Senate leader Phil Berger, and Col. Freddy Johnson, the State Highway Patrol commander—did not respond to The Epoch Times’ requests for comments regarding the lawsuit.
The Associated Press contributed to this report.
