Stein sues to block GOP-led law stripping his power
Gov.-elect Josh Stein addresses supporters in Raleigh on Nov. 5, 2024. (Photo: Galen Bacharier/NC Newsline)
Gov. Stein sues to block GOP-led law stripping his power to make court appointments
by Galen Bacharier, NC Newsline
February 8, 2025
North Carolina Gov. Josh Stein sued Friday to block part of a Republican-led law that limits who he can appoint to vacancies on state courts.
Senate Bill 382, passed late last year, requires the governor to fill a vacant seat on the Court of Appeals and state Supreme Court with a candidate who belongs to the same political party as the previous occupant of that seat. That means if a seat previously held by a Republican judge becomes vacant, Stein — a Democrat — would be required to appoint a Republican in their place.
North Carolina’s constitution says only that vacancies will be filled “by appointment of the governor,” with no additional qualifications or stipulations. Under the new process, Stein would instead receive a list of candidates provided by the political party, and be required to select one of them.
“These provisions of SB 382 are partisan power grabs that thwart North Carolina voters’ decisions at the ballot box,” Stein said in a statement provided to NC Newsline on Saturday.
“The people gave the Governor the authority to fill appellate judicial vacancies more than 150 years ago — yet, a power-hungry General Assembly seeks to overturn the people’s will by stripping this responsibility from the governor. Furthermore, the people overwhelmingly made their choice for governor clear in the last election. I filed this lawsuit to ensure that their vote is respected, to restore balance to our state’s branches of government, and to put our constitution ahead of power grabs.”
If the law remains in effect, it provides a statistical advantage for Republicans, who hold 12 of 15 seats on the Court of Appeals and five of seven seats on the Supreme Court (pending the results of an ongoing race contested in court).
“Absent a constitutional amendment approved by the people, the constitution leaves no room for the legislature to place restrictions, qualifications or limitations on the governor’s power to fill judicial appellate court vacancies,” attorneys for Stein argue in the lawsuit.
Lawmakers have sought such a constitutional amendment in the past. In 2018, voters shot down a proposal that would have created a commission that sent a list of nominees to the legislature. That list would be narrowed to two nominees and presented to the governor.
Friday’s lawsuit also takes aim at language that strips the governor from appointing one member of the North Carolina Utilities Commission, as well as appointing its chair.
It is the third such lawsuit by Stein seeking to block parts of SB 382 — a wide-ranging measure that shifts executive power in state government away from newly elected Democrats.
He has previously filed to block language in the bill that strips his jurisdiction of the Highway Patrol, as well as his power to appoint members to the state Board of Elections.
Stein’s suit is filed against Senate President Pro Tem Phil Berger (R-Rockingham) and new House Speaker Destin Hall (R-Caldwell) in Wake County court. Hall and Berger’s offices did not immediately respond to requests for comment on the suit.
The GOP leaders, along with other party colleagues, have defended the law as a necessary series of changes to governance. Democrats have called it a “power grab” conducted after they won control of multiple statewide office in November.
25CV004705-910NC Newsline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. NC Newsline maintains editorial independence. Contact Editor Rob Schofield for questions: info@ncnewsline.com.
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