North Carolina Governor Roy Cooper lost his appeal this week regarding his lawsuit over the law which requires the General Assembly to approve Cabinet appointees.
This past Tuesday, the N.C. Court of Appeals unanimously affirmed a three-judge panel’s ruling from earlier this year, which said that the state’s senate did have the power to confirm gubernatorial appointees according to the North Carolina Constitution.
Article III, Sec. 5 (8)
Appointments. The Governor shall nominate and by and with the advice and consent of a majority of the Senators appoint all officers whose appointments are not otherwise provided for.
Critics of the lawsuit contend it was a waste of taxpayer dollars as proven by the fact that all eight of the Governor’s pics were confirmed by the Senate.
“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,’ said Senate Leader Phil Berger (R-Rockingham) and House Speaker Tim Moore (R-Cleveland) issued a joint statement Tuesday.
“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 joint statement said.
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