NC Governor Roy Cooper lost in court to the NCGA again this past week with the NC Supreme Court upholding a ruling made by the NC Court of Appeals.
The NC Supreme Court’s decision was unanimous: The legislature’s move to approve cabinet appointments made by the Governor does not violate the state constitution.
“Because none of plaintiff’s arguments about how to properly construe the two legislative confirmation provisions in the constitution are convincing, these arguments do not give us any basis on which to hold the senatorial confirmation provision in subsection 143B-9(a) unconstitutional,” wrote Chief Justice Mark Martin.
The decision runs through Cooper’s legal history with this specific complaint.
The decision states that in January Cooper amended his original complaint claiming that “a separate act requiring senatorial confirmation of his Cabinet members violates the appointments clause and the separation of powers clause of the state constitution.”
A three-judge panel of the NC superior court ruled that the General Assembly’s changes to the appointments process did not violate the NC constitution.
Cooper appealed the superior court’s decision to the Court of Appeals. The Court of Appeals issued a per curiam opinion which affirmed the trial court’s decision.
Cooper then filed a notice of appeal. That appeal according to the Supreme Court’s decision amounted “to a facial challenge to the constitutionality of N.C.G.S. § 143B-9(a)—that is, a challenge that subsection 143B-9(a)’s advice-and-consent provision is unconstitutional in all circumstances.”
Last year, Cooper was handed another defeat when his suit against the creation of a bipartisan elections and ethics board was unanimously dismissed.
For more on all SEVEN of Roy Cooper’s lawsuits, check out the list that Long Leaf Politics has compiled.
A great question to ask after reading that list might be: How much is Cooper’s lawfare costing the taxpayers?
Related: Governor Cooper Sues to Stop Scholarships for Low-Income Students
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