Courts & the Law, News

Legislators to three-judge panel: General Assembly leadership, not Attorney General, speaks for NC

Legislative defendants in a recent racial gerrymandering case filed a court document today that argues the General Assembly speaks for the state of North Carolina, not the Attorney General.

The North Carolina v. Covington document was filed in response to the Attorney General’s position statement that his office represents the state and the State Board of Elections and Ethics Enforcement.

“The Attorney General’s statement asserts, without supporting citation, that his ‘authority to represent the State has overlapping roots in the North Carolina Constitution, common law, and statutes.’ … A cursory review of North Carolina law demonstrates this statement is incorrect.”

Legislators contend in the document that the Constitution “confers no authority on the Attorney General at all.” They say that the General Assembly created the Department of Justice and designated the Attorney General as the head of that agency.

“North Carolina law also expressly recognizes that, in cases challenging the constitutionality of an act of the General Assembly, the ‘State’ includes both the executive branch of state government and the legislative branch. … The Attorney General’s duty under these laws is to ensure that the legislature’s proper role as part of the State of North Carolina in such cases is recognized and respected.”

When it comes to remedial action to right the constitutional wrongs in Covington, the legislators ask the three-judge panel to defer to the General Assembly’s leadership to speak on behalf of North Carolina.

Reminder: This is the same General Assembly leadership that created the unconstitutionally racially gerrymandered maps in question.

Check Also

Legislative redistricting impacts: WRAL provides visual explainer

Redistricting in North Carolina is a tangled web ...

Top Stories from NCPW

  • News
  • Commentary

“I could choose to do anything else with $50.” But Anca Stefan, a high school English teacher in a D [...]

The Cape Fear River is damaged, contaminated by decades of human malfeasance, negligence and ignoran [...]

Legislative Services Officer Paul Coble appears to be violating the state public records law and is [...]

This morning, the state Supreme Court will hear oral arguments in the pivotal case of Silver, et al. [...]

These are extraordinary times in the American experiment with representative democracy. In Washingto [...]

Public education in North Carolina has its share of challenges, not the least of which has been the [...]

The post Time to come clean appeared first on NC Policy Watch. [...]

Tax Day in 2018 in North Carolina presents an opportunity to make sure our tax code allows us to mee [...]

Now hiring

NC Policy Watch is now hiring a Managing Editor – click here for more info.