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New North Carolina Governor Sues Over Power Strips: A Clash of Constitutional Proportions
Josh Stein, the newly elected Democratic Governor of North Carolina, has launched aーム lawsuit against the state’s Republican legislative leaders, Senate leader Phil Berger and House Speaker Destin Hall, challenging recent laws that significantly curtail his gubernatorial appointment powers. The governor’s office characterized these laws as blatant "partisan power grabs" aimed at undermining the will of North Carolina voters who elected Stein in November 2023. The legal battle centers on omnibus legislation passed in December over the veto of then-Gov. Roy Cooper, which strips the governor’s authority to fill court vacancies and appoint members to key regulatory commissions. Stein argues that these changes violate the state’s constitutional separation of powers and its founders’ intent to grant the governor exclusive authority over such appointments.
At the heart of the lawsuit is a contest over judicial appointments. Under the new law, when a vacancy occurs on the state Supreme Court or the Court of Appeals, the governor would be required to choose a replacement from a list of three candidates submitted by the departing judge’s affiliated political party. This provision directly challenges the constitutional language granting the governor unfettered authority to fill appellate judicial vacancies. Stein’s attorneys argue that the state’s founders intended for the governor to hold exclusive power over such appointments, free from legislative interference. The law, they contend, disrupts this balance and threatens the independence of the judiciary by injecting partisan influence into the appointment process.
The lawsuit also targets changes to the Utilities Commission, a body that regulates public utilities such as electricity and natural gas. Under the new law, the governor’s ability to appoint members to the commission is significantly diminished. Previously, the governor would have appointed three members of the five-person commission, with the remaining two selected by the General Assembly. The law now reduces the commission’s size to five members and transfers one of the governor’s appointments to the state treasurer, a Republican official. Additionally, the governor’s authority to name the commission’s chairman is revoked. Stein’s legal team argues that these changes erode the executive branch’s ability to ensure the "faithful execution of the laws," violating the constitutional separation of powers.
Moreover, the lawsuit challenges amendments to the Building Code Council, a panel responsible for setting and enforcing building codes statewide. While the governor would still appoint seven of the council’s 13 members, the new law requires that any major decisions, such as code changes, must receive the approval of at least nine members. Stein’s attorneys argue that this supermajority requirement effectively dilutes the governor’s influence over the council, as even a minority faction could block key decisions. They contend that this undermines the executive branch’s ability to manage the council effectively and ensure public safety through uniform building standards.
Stein’s legal action is part of a broader pattern of conflict between Democratic governors and the Republican-controlled General Assembly over executive authority. During his tenure, former Gov. Roy Cooper filed numerous lawsuits challenging similar power-stripping measures, with mixed success. The current lawsuit is one of several ongoing legal battles between the executive branch and legislative leaders. In a related development, a Wake County judge ruled Monday that lawsuits challenging changes to the Highway Patrol commander and State Board of Elections appointments will be heard by panels of three trial judges. Meanwhile, the state Court of Appeals is set to hear arguments next week in a separate case brought by Cooper over the composition of seven state boards and commissions.
As this legal drama unfolds, the stakes extend far beyond the immediate disputes over gubernatorial appointments. At its core, this conflict is a struggle over the balance of power within North Carolina’s government and the limits of legislative authority. Stein and his predecessors have framed these lawsuits as a defense of the state Constitution and the principles of separation of powers enshrined within it. Whether the courts ultimately side with the governor or the legislature will have far-reaching implications for the governance of North Carolina, shaping the balance of power in the state for years to come. The legal battles also reflect a broader national conversation about partisan politics and the erosion of checks and balances in state governments. As the lawsuits progress, all eyes will be on the judiciary to ensure that the will of North Carolina voters and the integrity of the state’s constitutional framework are upheld.
