(The Center Square) – Restricting the state’s attorney general from starting, joining or helping lawsuits challenging presidential executive orders is advancing in both chambers of the North Carolina General Assembly.
Democrat Jeff Jackson, a former member of the U.S. House of Representatives, linked the state with four cases in 21 days that opposed directives of second-term Republican President Donald Trump. Jackson and Trump each won close races Nov. 5 in a state with population of 11 million and voter registrations divided in thirds among those unaffiliated, Democrats and Republicans.
While the history of the past month is forefront, a law would potentially last beyond the respective politicians’ four-year terms. Republicans have majorities in both chambers of the Legislature, and have since 2010 midterms, but didn’t for the prior 140 years. Before Trump’s second win, Democrats occupied the White House for 12 of the last 16 years and 20 of the last 32.
AG/Restrict Challenge to Presidential EOs is Senate Bill 58 and House Bill 72. The lower chamber’s legislation last week was in the Committee on Federal Relations and American Indians Affairs and Monday was referred to both Judiciary 1 and to the Rules, Calendar, and Operations of the House.
The Senate version awaits in the chamber’s rules committee.
At just 15 lines, the bill in elite brevity says, “The attorney general shall not, as a party, amicus, or any other participant in an action pending before a state or federal court in another state, advance any argument that would result in the invalidation of any statute enacted by the General Assembly or any executive order issued by the President of the United States.”
Enactment would be immediate upon becoming law. Republicans have majorities in both chambers, standing one member shy of veto-proof majority in the House should one come – as would be expected – from Democratic Gov. Josh Stein.
Jackson joined a birthright citizenship lawsuit filed by New Jersey Attorney General Mathew Platkin on Jan. 21. On Jan. 28 he joined New York Attorney General Letitia James in a suit involving the freeze of federal government grants and funding.
He’s also with a James litigation trying to block Elon Musk’s Department of Government Efficiency from accessing Treasury Department records. On Feb. 10, he joined the suit of Massachusetts Attorney General Andrea Joy Campbell that challenges the Trump administration of stopping cuts to medical research grants funded by the National Institutes of Health.
On Nov. 5 in North Carolina, Trump won his election over Democrat Kamala Harris by 183,048 votes of 5,699,141 cast. He won 78 of 100 counties. Jackson won his election that day over Republican Dan Bishop by 159,549 votes of 5,590,371 cast, scoring in urban areas while Bishop won 76 counties.
According to the State Board of Elections, as of Saturday, unaffiliated registrations are 37.5% of the more than 7.4 million. Democrats make up 30.9% and Republicans 30.5%.
The House bill has sponsorship from Republican Reps. Ben Moss of Richmond County, Keith Kidwell of Beaufort County, Wyatt Gable of Onslow County, Blair Eddins of Wilkes County, John Blust of Guilford County, Jake Johnson of Polk County, Jeffrey McNeely of Iredell County and Bill Ward of Gates County.
The upper chamber legislation has sponsorship from Republican Sens. Timothy Moffitt of Henderson County, Eddie Settle of Wilkes County, Bobby Hanig of Currituck County, Carl Ford of Rowan County, Ralph Hise of Mitchell County and Benton Sawrey of Johnston County.