Cooper, Stein sue to block new GOP-led law stripping governor-elect of powers

Featured photo: Governor Roy Cooper emphasizes the importance of infrastructure in the economic development of North Carolina at the groundbreaking ceremony of the Salem Parkway Multi-use Path on July 2, 2024. (photo by Maaroupi Sani)

This story was first published by Galen Bacharier, NC Newsline
December 13, 2024

North Carolina Governor-elect Josh Stein and Gov. Roy Cooper filed a lawsuit Thursday to block a new Republican-led law shifting executive power in government.

Stein, who currently serves as attorney general, and Cooper argue that the portion of the law making the Highway Patrol its own department, with a commander appointed by the GOP-controlled legislature, is unconstitutional.

“Senate Bill 382 threatens the safety of North Carolinians by eliminating the Governor’s powers of supervision and removal over the commander,” attorneys for Stein and Cooper write in the lawsuit.

Currently, the Highway Patrol falls under the purview of the Department of Public Safety. The head of DPS is appointed by the governor, who also oversees the patrol. Under the new law, the governor would be unable to remove the commander, Stein and Cooper argue — “even if he were to commit serious criminal misconduct.”

“The legislatively-appointed commander may feel empowered to delay, modify or flatly reject the direction that he receives from the governor, since he is legislatively mandated to serve until at least July 1, 2030,” the lawsuit continues.

Republicans in the General Assembly overrode Cooper’s veto earlier this week, cementing into law a litany of changes to executive power. Many of them redirect existing authority from offices soon to be held by Democrats, including Stein, to those that will be held by Republicans.

The new law’s changes “undermine the results of the election” and “violate the separation of powers,” Cooper and Stein argue in a news release.

Their lawsuit requests that the Highway Patrol language specifically be blocked from going into effect. Additional challenges to other provisions in the wide-ranging law could also be filed.

“It’s fundamental to our constitution that the legislature can not both make the laws and then choose the leaders who enforce them,” Cooper said. “Breaking the executive branch chain of command in law enforcement or any other executive branch agency is unconstitutional and it weakens our ability to respond to emergencies and keep the public safe.”

Stein said Wednesday the law served as “a cloak for (Republicans’) political pettiness.”

House Speaker Tim Moore (R-Cleveland) told reporters Wednesday he had expected the law to be challenged.

“Oh, of course it’s going to go to court,” Moore said shortly after the House confirmed the veto override. “The lawsuit’s probably already been filed while we’ve been sitting here or something. I mean, it always goes to court. That’s just the way it is.”

Moore, Senate President Pro Tem Phil Berger (R-Rockingham) and Freddy Johnson, commander of the Highway Patrol, are named as defendants in the lawsuit.

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