Court Rejects Cooper Complaint, Confirms General Assembly Constitutional Power

RALEIGH – After the big hullabaloo about the state legislature’s power to confirm gubernatorial agency appointments, which featured a lot of whining from the Left about Republican overreach, a N.C. Court of Appeals rejected Cooper’s arguments and confirmed the General Assembly’s constitutional authority to create state agencies and consent to cabinet secretary nominations.

Republican leadership on Jones Street issued a joint statement after the court ruling:

“As the court noted, ‘a constitution cannot violate itself,’ and ‘a legislature that has the authority to create executive agencies also has the authority to require legislative advice and consent.’ It is in the people’s interest for their elected representatives to conduct a fair, constitutional and transparent review of the governor’s cabinet secretaries.

Gov. Cooper has no legal grounds to continue his pursuit of unchecked power and should quit wasting taxpayer money on divisive, baseless and self-serving lawsuits.”

The decision is further testimony to what all along has been the General Assembly reasserting powers already delegated to it by the North Carolina Constitution.

Cooper’s protests and the refusal of nominees to sit before a confirmation hearing was replete with generated theatrical spectacle that Democrats produced to score political points. While the court win officially backs up the legislature’s power, this is one of but many lawsuits waged against the majorities and some benches cannot be relied upon to defend the Constitution constistently.

The Democrats will still try to impress the narrative that Republicans have gone too far. Republicans will tout the economy and tax reform successes, and take their court wins where they can get them. Ultimately, elections next year will be the true indicator of approval.


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