RALEIGH – The North Carolina Supreme Court heard arguments Tuesday in two cases that could shape how lawmakers divide appointment authority over appellate-court vacancies and major state boards.
The consolidated appeals, known as Stein v. Berger and Stein v. Hall, challenge laws that restricted Gov. Josh Stein’s choices for vacancies on the Supreme Court and Court of Appeals and shifted some appointments to boards and commissions away from the governor. The disputes concern the Utilities Commission, Environmental Management Commission, Coastal Resources Commission and Wildlife Resources Commission, among other bodies.
Eric Fletcher, an attorney for Stein, argued that dividing control among multiple elected officials can leave no single executive officer accountable for carrying out the law. Matthew Tilley, representing legislative leaders, argued that the state constitution does not guarantee the governor control of statutory boards and that the General Assembly may distribute duties within North Carolina’s plural executive branch.
Carolina Journal reported that Justices Richard Dietz and Trey Allen questioned both sides about the limits of their positions. Dietz asked whether lawmakers could assign an executive function associated with one statewide office to another. Allen questioned whether some arrangements could reduce the governor to a figurehead, while also pressing Stein’s lawyer on why appointments could not be divided among Council of State members.
A separate portion of the arguments addressed a 2024 law requiring Stein to fill an appellate-court vacancy from three nominees submitted by the departing judge or justice’s political party. Stein’s general counsel, Sarah Boyce, argued that the state constitution gives the appointment decision to the governor. Legislative counsel Martin Warf said the law preserves voters’ partisan choice and does not eliminate the governor’s final selection.
The official Court of Appeals record in Stein v. Hall shows the lower-court case involved gubernatorial appointments, the Building Code Council, Utilities Commission and appellate judicial vacancies. The Supreme Court is reviewing appellate decisions that gave both sides partial victories in the broader appointment disputes.
The justices did not indicate when they would rule. Tuesday’s questions and arguments do not change current appointment procedures by themselves, and they are not findings that either side’s constitutional position is correct.
The cases are distinct from Stein’s separate appeal over a law that transferred State Board of Elections appointments from the governor to the state auditor. The Supreme Court has not scheduled oral arguments in that appeal.
Sources
- North Carolina Judicial Branch: Stein v. Hall appellate record
- NC Newsline: Nov. 10 report from the oral arguments
- Carolina Journal: Nov. 10 report from the oral arguments
Photo Credit: North Carolina Legislative Office Building in Raleigh, April 16, 2023, by Indy beetle, via Wikimedia Commons; CC0 1.0 public-domain dedication. Contextual file photograph of legislative offices, not the Supreme Court or the Nov. 10 hearing; cropped and resized.
Editor’s Note: This article was drafted with the assistance of artificial intelligence and was reviewed and fact-checked by a member of the NC Political News editorial team before publication.