NC governor sues to block GOP-led law stripping his power to make court appointments
08 February
Gov.-elect Josh Stein addresses supporters in Raleigh on Nov. 5, 2024. Newsline)
North Carolina Gov. Josh Stein sued Friday to block part of a Republican-led law that limits who he can appoint to vacancies on state courts.
Senate Bill 382, passed late last year, requires the governor to fill a vacant seat on the Court of Appeals and state Supreme Court with a candidate who belongs to the same political party as the previous occupant of that seat. That means if a seat previously held by a Republican judge becomes vacant, Stein — a Democrat — would be required to appoint a Republican in their place.
The procedure veers from the North Carolina constitution, which simply says that the vacancies will be filled “by appointment of the governor.” Stein would instead receive a list of candidates provided by the political party, and be required to select one of them.
If the law remains in effect, it provides a statistical advantage for Republicans, who hold 12 of 15 seats on the Court of Appeals and five of seven seats on the Supreme Court (pending the results of an ongoing race contested in court).
“Absent a constitutional amendment approved by the people, the constitution leaves no room for the legislature to place restrictions, qualifications or limitations on the governor’s power to fill judicial appellate court vacancies,” attorneys for Stein argue in the lawsuit.
Lawmakers have sought such a constitutional amendment in the past. In 2018, voters shot down a proposal that would have created a commission that sent a list of nominees to the legislature. That list would be narrowed to two nominees and presented to the governor.
Friday’s lawsuit also takes aim at language that strips the governor from appointing one member of the North Carolina Utilities Commission, as well as appointing its chair.
It is the third such lawsuit by Stein seeking to block parts of SB 382 — a wide-ranging measure that shifts executive power in state government away from newly elected Democrats.
He has previously filed to block language in the bill that strips his jurisdiction of the Highway Patrol, as well as his power to appoint members to the state Board of Elections.
Stein’s suit is filed against Senate President Pro Tem Phil Berger (R-Rockingham) and new House Speaker Destin Hall (R-Caldwell) in Wake County court. Stein, Hall and Berger’s offices did not immediately respond to requests for comment on the suit.
The GOP leaders, along with other party colleagues, have defended the law as a necessary series of changes to governance. Democrats have called it a “power grab” conducted after they won control of multiple statewide office in November.
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