North Carolina judges issue mixed ruling on governor’s appointment powers

North Carolina judges issued a mixed ruling regarding Gov. Josh Stein's appointment powers, impacting his ability to fill judicial vacancies. — Image credit: Drew Angerer/Getty Images

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North Carolina judges issued a mixed ruling regarding Gov. Josh Stein’s appointment powers, impacting his ability to fill judicial vacancies and other positions on state boards. The judges unanimously struck down a portion of a law that limited the governor’s authority to fill vacancies in higher courts as unconstitutional.

However, the judges upheld provisions that reduce some of Stein’s appointments to key state boards, like the Utilities Commission and Building Code Council.

Stein stated on social platform X that the ruling on judicial vacancies “maintains our state’s separation of powers.”

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Key points from the Left

North Carolina judges issued a mixed ruling regarding Governor Josh Stein's appointment powers, impacting his ability to fill judicial vacancies and other positions on state boards.
The judges unanimously struck down a portion of a law that limited the governor's choice for filling vacancies in higher courts as unconstitutional.
However, the judges upheld provisions that reduce some of Stein's appointments to key state boards, like the Utilities Commission and Building Code Council.
Stein stated on social platform X that the ruling on judicial vacancies 'maintains our state's separation of powers.

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Key points from the Center

On Tuesday, a group of trial judges in Wake County declared parts of North Carolina legislation that restrict Governor Josh Stein's appointment powers unconstitutional, while upholding other sections.
These rulings follow Republican-led legislative changes passed last December that seek to reduce the governor's authority over judicial and state board appointments.
The panel unanimously invalidated restrictions on Stein’s authority to appoint members to the state Supreme Court, which has seven seats, and the 15-seat Court of Appeals, while permitting provisions that shift some appointment powers to the state treasurer and legislative leaders to stay in effect.
Republican Treasurer Brad Briner, supporting the law, stated that the ruling confirms the governor does not have overriding control over other elected Council of State members in fulfilling their executive duties, while Stein's lawyer referenced legal experts who argue that Stein possesses unrestricted appointment powers.
The decision maintains limitations on the governor’s ability to appoint members to certain state regulatory boards and indicates that disputes regarding appointment authority are expected to persist.

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