- Gov. Josh Stein is suing Republican state legislative leaders over provisions of Senate Bill 382 that limit his authority to fill statewide judicial vacancies and a seat on the North Carolina Utilities Commission.
- The lawsuit titled Stein v. Hall also targets another law that limits Stein's control over a state Building Code Council.
- SB 382 prompted earlier lawsuits dealing with changes in oversight of the State Board of Elections and the State Highway Patrol commander.
Gov. Josh Stein is suing Republican legislative leaders over a state law that restricts his power to appoint new members to North Carolina’s statewide appellate courts and the Utilities Commission. It’s the latest lawsuit targeting a portion of Senate Bill 382.
Stein is also challenging another law that limits his authority over a state Building Code Council.
SB 382 combined Hurricane Helene relief with a series of changes to state government’s structure. Lawmakers approved the measure in December over former Gov. Roy Cooper’s veto. Both Cooper and Stein are Democrats.
The legislation prompted earlier lawsuits over plans to move the State Board of Elections under the authority of State Auditor Dave Boliek, a Republican, and a provision that would block Stein from appointing a new commander for State Highway Patrol.
The latest lawsuit, titled Stein v. Hall and filed Friday, targets a portion of SB 382 that limits the governor’s ability to choose who will fill vacancies for the state Supreme Court and Court of Appeals.
“Senate Bill 382 usurps executive power by allowing the General Assembly to control the execution of the laws — a duty that is constitutionally committed to the Governor,” wrote Stein’s Greensboro- and Washington, DC-based private lawyers. “And the Bill attempts to rewrite the Governor’s constitutional powers by statute rather than a constitutional amendment submitted to the people.”
“Relevant here, Senate Bill 382 attempts to transfer the constitutional authority to fill appellate court vacancies from the popularly elected Governor to partisan insiders,” the lawsuit continued. “The Bill requires the Governor to fill vacancies on the North Carolina Supreme Court and Court of Appeals by selecting from a list of three candidates provided by the executive committee of the political party of the departing jurist.”
“This provision cannot be squared with the plain language of Article IV, Section 19 of our Constitution, which declares — without qualification — that ‘all vacancies occurring in the offices provided for by this Article shall be filled by appointment of the Governor.’ In short, Article IV, Section 19 grants the Governor an ‘unfettered power of appointment’ over judicial vacancies,” Stein’s lawyers wrote.
The lawsuit targets another change in appointment power.
“In another provision, Senate Bill 382 restricts the Governor’s authority over the North Carolina Utilities Commission by taking the appointment of one commissioner from the Governor and giving it to the State Treasurer,” Stein’s lawyers explained. “The Bill also takes away the Governor’s authority to select the Commission’s chair. As a result of Senate Bill 382’s changes, the Governor no longer has sufficient authority over the Utilities Commission to fulfill his constitutional duty to ‘take care that the laws be faithfully executed’ — a duty that is his alone.”
The Stein v. Hall lawsuit also focuses on another state law approved over Cooper’s veto in September. “Senate Bill 166 alters the structure of the Building Code Council to restrict the Governor’s authority over it,” Stein’s lawyers wrote. “Although the Governor appoints a mathematical majority of seven of the thirteen members of the Building Code Council, Session Law 2024-49 requires an affirmative vote of a supermajority of members to approve any action, again preventing the Governor from performing his core constitutional function to ‘take care that the laws be faithfully executed.’”