Current:Home > ScamsCurrent, future North Carolina governor’s challenge of power -Smart Capital Blueprint
Current, future North Carolina governor’s challenge of power
View
Date:2025-04-14 06:05:14
RALEIGH, N.C. (AP) — North Carolina Gov. Roy Cooper and Gov.-elect Josh Steinon Thursday challenged the constitutionality of a portion of a law enacted just a day earlier by the Republican-dominated General Assemblythat erodes Stein’s powers and those of other top Democrats elected to statewide office last month.
Stein, the outgoing attorney general, and Cooper, another Democrat leaving office shortly after eight years on the job, focused their lawsuit in Wake County Superior Court on a provision that would prevent Stein from picking his own commander of the State Highway Patrol. If that portion of law is allowed to stand, the current commander appointed by Cooper more than three years ago could be poised to stay in place through June 2030 — 18 months after the expiration of the term Stein was elected to.
The lawsuit said the provision would give the current commander, Col. Freddy Johnson, an exclusive five-year appointment. It also would prevent the governor from ensuring state laws are faithfully executed through his core executive and law enforcement functions, since the commander would be effectively unaccountable, the lawsuit said.
“This law threatens public safety, fractures the chain of command during a crisis, and thwarts the will of voters,” Stein said in a news release. “Our people deserve better than a power-hungry legislature that puts political games ahead of public safety.”
The lawsuit seeks to block the General Assembly’s restriction on the appointment while the litigation is pending and to ultimately declare the provision in violation of the North Carolina Constitution.
More court challenges are likely.
The full law was given final approval Wednesday with a successful House override vote of Cooper’s veto. It also shifts in May the appointment powers of the State Board of Elections from the governor to the state auditor — who next month will be a Republican. The powers of the governor to fill vacancies on the state Supreme Court and Court of Appeals also were weakened. And the attorney general — next to be Democrat Jeff Jackson — will be prevented from taking legal positions contrary to the General Assembly in litigation challenging a law’s validity.
The Highway Patrol has been an agency under the Cabinet-level Department of Public Safety, with the leader of troopers picked to serve at the governor’s pleasure. The new law makes the patrol an independent, Cabinet-level department and asks the governor to name a commander to serve a five-year term, subject to General Assembly confirmation.
But language in the law states initially that the patrol commander on a certain day last month — Johnson is unnamed — would continue to serve until next July and carry out the five-year term “without additional nomination by the Governor or confirmation by the General Assembly.” Only death, resignation or incapacity could change that.
This configuration could result in the “legislatively-appointed commander” feeling empowered to delay or reject directions of the governor because his post is secure, the lawsuit said.
Spokespeople for House Speaker Tim Moore and Senate leader Phil Berger didn’t immediately respond Thursday evening to an email seeking comment on the lawsuit. Neither did Johnson, through a patrol spokesperson. All three leaders, in their official roles, are named as lawsuit defendants.
Disclaimer: The copyright of this article belongs to the original author. Reposting this article is solely for the purpose of information dissemination and does not constitute any investment advice. If there is any infringement, please contact us immediately. We will make corrections or deletions as necessary. Thank you.
veryGood! (58143)
Related
- Warm inflation data keep S&P 500, Dow, Nasdaq under wraps before Fed meeting next week
- 'RuPaul's Drag Race Global All Stars': Premiere date, cast, where to watch and stream
- A rarely seen deep sea fish is found in California, and scientists want to know why
- 'Emily in Paris': How the Netflix comedy gets serious with a 'complex' Me Too story
- House passes bill to add 66 new federal judgeships, but prospects murky after Biden veto threat
- Reports: US Soccer tabs Mauricio Pochettino as new head coach of men's national team
- A rarely seen deep sea fish is found in California, and scientists want to know why
- Water crisis in Mississippi capital developed during failures in oversight, watchdog says
- Trump issues order to ban transgender troops from serving openly in the military
- Usher concert postponed hours before tour opener in Atlanta
Ranking
- See you latte: Starbucks plans to cut 30% of its menu
- US shoppers sharply boosted spending at retailers in July despite higher prices
- Get Designer Michael Kors Bags on Sale Including a $398 Purse for $59 & More Deals Starting at $49
- Wisconsin’s Evers urges federal judge not to make changes at youth prison in wake of counselor death
- New data highlights 'achievement gap' for students in the US
- 'Truffles is just like me:' How a Pennsylvania cat makes kids feel proud to wear glasses
- Millions of kids are still skipping school. Could the answer be recess — and a little cash?
- Matthew Perry's Assistant Repeatedly Injected Actor With Ketamine the Day He Died, Prosecutors Allege
Recommendation
Trump wants to turn the clock on daylight saving time
A 1-year-old Virginia girl abducted by father is dead after they crashed in Maryland, police say
A 1-year-old Virginia girl abducted by father is dead after they crashed in Maryland, police say
TikToker Nicole Renard Warren Claps Back Over Viral Firework Display at Baby’s Sex Reveal
Grammy nominee Teddy Swims on love, growth and embracing change
Big Georgia county to start charging some costs to people who challenge the eligibility of voters
Ex-YouTube CEO Susan Wojcicki dies a year after stepping down. Who is the current CEO?
New York county signs controversial mask ban meant to hide people's identities in public