Checks and balances are still alive in North Carolina government.

The state’s legislative leaders got a major win at the N.C. Supreme Court this week, after the court ruled unanimously that the General Assembly can have confirmation power for the governor’s cabinet appointees.

Gov. Roy Cooper had filed suit claiming that a 2016 law requiring his cabinet appointments to be confirmed by the state senate was unconstitutional.

However, the state Constitution specifically states that “The Governor shall nominate and by and with the advice and consent of a majority of the Senators appoint all officers whose appointments are not otherwise provided for.”

The court system had initially blocked the law from going into effect, and the Cooper administration refused to comply with it. The Wake County Superior Court did, ultimately, rule in favor of the GOP.

The case illustrates the “sue until N.C. is blue” strategy the Cooper administration has followed since taking office in January 2017. His office has challenged any law it dislikes and shopped for a favorable judge. It often works, but this law was pretty straightforward.


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