RALEIGH, N.C. – Governor Roy Cooper and Attorney General Josh Stein, who is also the Governor-elect, have initiated a legal battle against state legislators over Senate Bill 382. The controversy centers on a measure in the bill that could potentially restructure the political power dynamics within North Carolina’s Council of State, particularly affecting the powers of incoming Democratic officials.
The litigation, which targets House Speaker Tim Moore and Senate President Pro Tempore Phil Berger among others, was recently filed in Wake County Superior Court. The lawsuit specifically challenges provisions regarding the appointment powers over the North Carolina State Highway Patrol. Currently led by Col. Freddy Johnson, appointed by Cooper over three years ago, the role of commander is at the heart of the dispute.
According to the legal complaint, the contested statute could allow Johnson to remain in his position until June 2030, which extends 18 months beyond Stein’s elected term. This could occur due to the new law, which specifies a fixed five-year term for the Highway Patrol commander, subject to legislative approval, removing the traditional prerogative of the governor to make such appointments directly.
Stein and Cooper argue that this legislative alteration undermines the governor’s ability to ensure that state laws are effectively enforced, a critical aspect of the office’s responsibilities. They contend that such changes will lead to a key state law enforcement officer being essentially unaccountable to the governor.
The lawsuit seeks an immediate injunction to prevent the General Assembly’s adjustments from taking effect while the case is being decided. It also aims to have the court declare the provision unconstitutional, characterizing the legislative action as an overreach that poses threats to public safety and disrupts established command structures during emergencies.
The changes brought by Senate Bill 382 came into effect after the Republican-led General Assembly overrode a veto by Governor Cooper. The bill not only revises the governance of the Highway Patrol, turning it into an independent department, but also includes additional appropriations for Hurricane Helene relief efforts.
Critics, like Cooper and Stein, view these adjustments as part of a broader strategy by state Republicans to diminish Democratic influence in North Carolina’s executive functions. They described the move as “an unconstitutional and dangerous power grab” that jeopardizes the state’s governance during critical periods.
Reactions from the other parties involved in the lawsuit, including the named Republican leaders and Col. Freddy Johnson, have yet to be disclosed following inquiries.
This story continues to develop as the legal proceedings progress and as both sides prepare for a contentious battle that could have wide-reaching implications for the governance of North Carolina.
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