South Raleigh News

Governor Roy Cooper and Governor-Elect Josh Stein have filed a lawsuit against Republican legislative leaders. They argue that the legislature's selection of the Commander of the North Carolina State Highway Patrol breaches the separation of powers as outlined in the state's constitution.

The provisions in question are part of Senate Bill 382, which was passed over Governor Cooper’s veto along party lines. This bill was introduced shortly after the 2024 elections and includes measures that reduce powers from several newly elected officials, including the Governor, Lieutenant Governor, Attorney General, and State Superintendent of Public Instruction. The bill also contains elements that allegedly infringe on executive power.

Governor Cooper stated, “It’s fundamental to our constitution that the legislature can not both make the laws and then choose the leaders who enforce them.” He added that disrupting the executive branch's chain of command in law enforcement or any other agency is unconstitutional and weakens emergency response capabilities.

The lawsuit claims Senate Bill 382 violates constitutional principles by mandating a specific individual to serve as Commander of the State Highway Patrol until July 1, 2025, continuing for a five-year term thereafter. The statute prevents this person from being removed by the Governor or anyone else for any reason. The complaint asserts that "Governor Cooper and Governor-Elect Stein seek to safeguard the people of North Carolina from threats to their public safety and to the people’s assignment of core executive responsibilities to their chief executive." It describes Senate Bill 382 as a "direct infringement on the Governor’s law enforcement powers in plain violation of our Constitution."