Press Article: Locke Foundation and NC Institute Support Legislative Leaders in Governor’s Legal Battle
RALEIGH, NC – The John Locke Foundation and the North Carolina Institute for Constitutional Law (NCiCL) are backing state legislative leaders in a pivotal court case against Governor Roy Cooper concerning appointments to seven significant state boards and commissions. Governor Cooper has contested Senate Bill 512 and House Bill 488, which modify the appointment structure previously dominated by the governor’s office, describing these changes as a challenge to executive power.
In 2023, a three-judge panel upheld modifications related to five boards but ruled against changes to the State Board of Transportation and Economic Investment Committee. Both the governor and legislative leaders are now engaged in competing appeals before the North Carolina Court of Appeals.
In a recently filed amicus brief, NCiCL’s Jeanette Doran emphasized that the central issue revolves around the interpretation of the North Carolina Constitution regarding gubernatorial authority over board appointments. Doran argued that the Constitution does not preclude the General Assembly from making such appointments. She asserted that the separation of powers outlined in the state Constitution allows the legislature to assign responsibilities across the executive branch without infringing on gubernatorial authority.
Doran further challenged Cooper’s assertion that his powers were compromised, stating that past legislative practices validating appointments by the General Assembly are consistent with constitutional intent. She cautioned that if Cooper’s arguments hold, they could jeopardize the legitimacy of the composition of various state boards.
The Appeals Court has yet to set a date for arguments in this significant case, Cooper v. Berger, which has implications for the balance of power between North Carolina’s legislative and executive branches.
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