Roy Cooper and Josh Stein join forces to halt Senate Bill 382

In December 2024, Democratic Governor Roy Cooper of North Carolina filed a lawsuit with governor-elect Josh Stein, seeking to block a section of Senate Bill 382. This legislation, which encompasses various budgetary and regulatory changes, was passed after an override of Cooper's veto by the Republican-majority General Assembly. A particularly contentious aspect of the new law is Section 3E.1. (u), which mandates that the commander of the State Highway Patrol, who happened to be appointed by Cooper, will serve an extended term without the possibility of further nomination or confirmation by the incoming governor. This provision could potentially allow the commander to operate independently from the governor's directives, raising concerns about the balance of power within the state government. The plaintiffs made a specific request for a preliminary injunction against the enforcement of the contested section. They argue that it is unconstitutional and undermines the authority of the executive branch. This legal action, which includes 93 points of contention, marks an ongoing battle for Cooper, who has frequently encountered legislative resistance during his tenure, particularly with a General Assembly that has been capable of overriding his vetoes. Moreover, the Highway Patrol, traditionally part of the Department of Public Safety, would change to function as an independent department under the new law. The implications of this change are profound, as it could lead to conflicts between the newly appointed commander and the governor. Cooper's history with contentious legislation is notable, as he has been involved in several legal challenges, most famously against voter ID laws. Hence, this lawsuit could signal the beginning of a broader campaign against the Republican-led legislature's initiatives. The political landscape in North Carolina is increasingly polarized, and this legal move exemplifies the partisan conflict that has defined Cooper's governorship from the start. As the Court reviews these challenges, the outcome may set significant precedents regarding the authority of state officials and the dynamics between legislative and executive branches of government in North Carolina.