North Carolina power struggle heats up as Cooper and Stein challenge new law

In Raleigh, North Carolina, on Thursday, December 12, 2024, Governor Roy Cooper and Governor-elect Josh Stein filed a lawsuit contesting the constitutionality of a newly enacted law that undermines the authority of top Democrats, including Stein, who was recently elected. The law, enacted by the Republican-controlled General Assembly, includes a provision preventing Stein from selecting his own commander of the State Highway Patrol. Instead, the current commander, Col. Freddy Johnson, could remain in his position until 2030 without additional nominations or confirmations from the governor or the assembly. Stein argues that this provision could hinder the governor's ability to enforce state laws, potentially compromising public safety and disrupting the chain of command during crises. The lawsuit is primarily focused on the implications of this law, emphasizing that allowing the current patrol commander to serve an extended term effectively removes accountability from the office. Stein, a Democrat who will soon take office as attorney general, criticized the law as a political maneuver by the legislature that prioritizes power retention over the wishes of the voters. This legal challenge aims to block the law's implementation, contending that it violates the North Carolina Constitution. The broader implications of this law extend beyond the state patrol commander, as it also shifts the appointment powers of the State Board of Elections from the governor to the state auditor, which will soon be under Republican leadership. Furthermore, the law restricts the governor’s authority in appointing judges and limits the attorney general's ability to take legal stands against the General Assembly in litigation related to law challenges. The law's passing through the legislature included an override of Cooper's veto, demonstrating the Democratic leadership’s diminishing power in state politics. As reactions to the lawsuit begin to unfold, the Republican leaders, including House Speaker Tim Moore and Senate leader Phil Berger, have not yet responded to inquiries about the lawsuit. The upcoming legal battles over this law could set a precedent for future contests over political power in North Carolina. The fundamental question inside the legal action revolves around constitutional limits of legislative power over the executive branch, which will be closely watched by political analysts and both parties as they navigate the current political landscape in North Carolina.