Courts & the Law

In power struggle with legislature, Cooper prevails in two of three legal challenges

A three-judge panel issued its rulings Friday on two laws passed last December in special session that limited  the powers of Democratic Governor Roy Cooper.

The panel found that the General Assembly does have the authority to establish a confirmation process for the governor’s cabinet picks.

But the judges ruled that it was unconstitutional for state lawmakers to pass legislation combining the State Board of Elections and the State Ethics Commission.

The ruling also blocks the Republican-controlled legislature from trimming exempt positions from 1,500 jobs (under the McCrory administration) to just 425 positions for Cooper.

Noelle Talley, Deputy Communications Director for Gov. Cooper, praised two of the decisions and predicted the third would eventually fall in their favor.

“We’re pleased the trial court ruled two of these three laws unconstitutional, and we believe strongly that the Supreme Court ultimately will agree with us on all three.”

Read the 43-page order here.

Senate President Pro-Tem Phil Berger’s office issued the following reaction to the court order on Twitter:

Check Also

The Week’s Top Five on NC Policy Watch

1. Oil and gas commission goes rogue, schedules ...

Top Stories from NCPW

  • News
  • Commentary

When the N.C. Senate elected Tom Fetzer to the UNC Board of Governors in March, it was widely seen a [...]

The 12 minutes spent on the phone with Duke Energy customer service shed no light on how — or if — c [...]

Crumbling ceilings. Failing air conditioning and heating systems. Broken down school buses. Mold inf [...]

This story has been updated with comments from Jim Womack, who did not respond earlier to questions. [...]

Last week, the General Assembly announced which legislators will serve on the Joint Legislative Task [...]

The latest effort in Washington to repeal and not actually replace the Affordable Care Act has a dif [...]

Conservative group “reviewing” bigoted attacks; funding from major NC corporations implicated Nearly [...]

5---number of days since Senators Bill Cassidy and Lindsey Graham unveiled a new proposal to repeal [...]

Featured | Special Projects

NC Budget 2017
The maze of the NC Budget is complex. Follow the stories to follow the money.
Read more


NC Redistricting 2017
New map, new districts, new lawmakers. Here’s what you need to know about gerrymandering in NC.
Read more