North Carolina Governor Sues to Overturn GOP Laws Curbing His Powers

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North Carolina Governor Sues to Overturn GOP Laws Curbing His Powers
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Democratic Governor Roy Cooper and his successor, Josh Stein, are challenging Republican-backed laws that limit the governor's authority in appointments to state boards and commissions. The lawsuit argues that these measures violate the state constitution and undermine the balance of power between the branches of government.

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In a news release provided by his office Monday, Stein said that his comfortable gubernatorial election victory in November signals the public wants him to retain powers. The state constitution says the governor fills judicial vacancies, and based on the language the state’s founders “intended the Governor to hold exclusive, unfettered authority to fill appellate judicial vacancies,” the lawsuit said.

The law, which also takes away the governor’s authority to pick the commission chairman, violates the constitutional separation of powers doctrine and fails to ensure a governor has enough control over a panel to ensure that “the laws be faithfully executed,” the lawsuit said.

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