North Carolina leaders clash over law stripping powers from Democrats

In Raleigh, North Carolina, on Thursday, December 12, 2024, Governor Roy Cooper and Governor-elect Josh Stein filed a lawsuit in Wake County Superior Court challenging the constitutionality of a recently enacted law by the Republican-controlled General Assembly. This law, which was approved just a day earlier, significantly limits Stein's authority and that of other newly elected Democrats. The main contention of the lawsuit is related to a provision that prevents Stein from appointing his own commander of the State Highway Patrol, threatening the governance structure and accountability of law enforcement in the state. The specific provision allows the current commander, Colonel Freddy Johnson, to remain in his position until mid-2030, effectively extending his tenure beyond the term of the newly elected governor. If upheld, the law means that Johnson would serve under a five-year appointment without requiring further nomination or confirmation, potentially disrupting the governor's ability to manage state law enforcement effectively. This situation raises serious concerns about public safety, as highlighted by Stein's comments criticizing the legislature's actions. Moreover, the new law strips the governor of certain powers related to judicial appointments and decision-making, complicating the legal positions of future attorneys general in relation to the General Assembly. The ramifications of this law extend beyond law enforcement; it alters the balance of power in North Carolina politics, undermining the electoral will of the citizens who voted for their leaders in the last election. As the legal proceedings unfold, it is likely that more challenges to similar legislative measures will emerge. Critics argue this law is a clear example of political maneuvering intended to consolidate Republican power and diminish the authority of the newly elected Democratic leadership. The lawsuit seeks not only to challenge the specific appointment provision but to set a legal precedent regarding the role and responsibilities of elected officials and the legislature’s ability to restrict those powers unconstitutionally.