Cooper's refusal to defend state brings intense scrutiny
Published March 31, 2016
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Roy Cooper[/caption]
by Donna King, Jones and Blount, March 30, 2016.
The heat is on N.C. Attorney General Roy Cooper as leadership from both chambers of the N.C. General Assembly call for his resignation. This after his announcement Tuesday that he would not defend the state in a lawsuit over House Bill 2, the Public Facilities Privacy & Security Act. The suit was filed Monday against Governor Pat McCrory, Cooper and the UNC Board of Governors by civil rights groups on behalf of a lesbian law professor at UNC and two transgender persons, one of whom is a student at UNC Greensboro. The American Civil Liberties Union of North Carolina and Equality NC say the law violates the rules of equal protection under Title IX federal funding for education. (Read the original Charlotte Non-Discrimination Ordinance and the Public Facilities Privacy and Security Act).
Sen. Phil Berger (R-Rockingham)
“Roy Cooper’s refusal to defend the law makes clear he wants the ACLU to win by default in federal court what they can’t win at the ballot box and allow men to walk into locker rooms at YMCAs across our country and undress in front of young girls,” said Senate leader Phil Berger (R-Rockingham). “His zeal for pandering for the extreme left’s money and agenda in his race for governor is making it impossible for him to fulfill his duties as attorney general – and he should resign immediately.”
Cooper, who is paid $126,000 in annual salary, was already under the microscope facing accusations that he alone could have headed off the special legislative session by stepping in as chief legal counsel for the state after the Charlotte City Council passed an ordinance that allowed individuals to used the bathroom of their choice. Cooper is the chief opponent to McCrory in the governor’s bid for re-election in November.
The N.C. General Assembly passed HB 2 last week, which requires people to use the bathroom of the sex listed on their birth certificate if a single stall or family bathroom is not available. More than a third of House Democrats voted for it, while Senate Democrats walked out, refusing to cast a vote. The law launched a campaign of organized protests, a social media blitz, and statements from some companies and organizations denouncing the vote and threatening to scale back investments in the state. Supporters of the law released a list of businesses supporting the legislation. On Tuesday the lawsuit was announced.
“As Attorney General, it his duty to serve and protect all North Carolinians. Instead of protecting North Carolina’s women and children, the Attorney General is hiding behind an untrue and unfounded legal loophole. House Bill 2 only constrains local government’s attempt to overregulate private businesses,” said Majority Leader Mike Hager (R-Rutherford). “Roy Cooper was given an opportunity to fulfill his duties to the state but chose to make this issue a political platform to use against Governor Pat McCrory. This issue should not have been made a political issue but rather a common sense decision to protect our citizens. Roy Cooper needs to do his legal duty for the state and its citizens or step aside so someone else can.”
McCrory, who was also named in the suit, took to YouTube Tuesday following intense media attention and incendiary statements on the issue, saying the facts about the law are not clear in the public’s mind. His official website lists a Q&A section on the bill in an effort to dispel what he says are myths about it.
“As the state attorney general he cannot select which laws he will defend and which laws are politically expedient to defend. His excuse that his own internal policies would be affected is wrong.” said McCrory in the video. All employment policies for cities and corporations, and the Attorney General’s own policies remain exactly the same. The Attorney General is inventing conflict that simply does not exist. When you are the state’s lawyer, you are a lawyer first and a politician second.”
Cooper has not commented on the calls for his resignation, but this is not the first time the Attorney General has decided not to defend a lawsuit against the state. In 2012, he did not defend the marriage amendment to the N.C. state constitution that voters passed in a statewide referendum by a wide margin. The state spent more than $100,000 in private legal counsel.
http://jonesandblount.com/2016/03/30/coopers-refusal-to-defend-the-state-brings-intense-scrutiny/
March 31, 2016 at 10:53 am
Norm Kelly says:
Every time a lib does something wrong, chooses to avoid doing their job, gets caught in a lie, or knowingly breaks the law, someone, somewhere comes out to defend them. I know this has a long history, but it's become common place since the current occupier moved into the White House. Simply disgusting!
Roy Cooper shouldn't be allowed to resign. Roy should be removed from office. The legislature should take direct, firm, meaningful action to remove Roy from office.
Why is it that Roy gets to choose which laws he defends and which he doesn't? Isn't Roy supposed to represent the state in court cases? Doesn't the ACLU and gay activists have their own lawyers and law firms to defend themselves. If Roy chooses to represent this group instead, decides to sit at the same bench as ACLU, then Roy isn't doing his job and MUST be removed from office.
There are no choices in this matter. Roy has made his decision. Roy CAN NOT be trusted in his current job to actually do his job, so he SHOULD NOT be allowed to seek higher office.
Imagine if a private business employee chose what part of their job to do and what part NOT to do. How long would that employee keep their job? How about collecting unemployment benefits? I highly doubt that person who refused to do their job would qualify to collect government payouts. Yet Roy is getting quite comfortable joining the rest of lib pols who pick & choose what parts of their job to do.
It's like state Senators who walked out of the building instead of choosing to vote on HB2. If they objected, they had the opportunity to vote against it. Instead, the babies walked out. They proved they are children at heart, driven by emotions instead of thinking or logic. Why do NC voters continue to vote for children? Why do NC voters continue to put up with pols who refuse to do the job they were elected to do? Why do so many voters continue to allow law-breakers to represent us?
I choose to fight against status quo. I choose to vote for those who respect the law, attempt to enforce the law, and who KNOW they are in office at the will of the people, and to generally protect the freedoms of ALL citizens!
Roy needs to leave NOW!
The N&D will defend Roy. He's one of theirs. Or is it they are one of his? Either way, it's libs supporting libs in opposition to what's good for the citizens and opposition to what is right & proper.
March 31, 2016 at 12:00 pm
Rip Arrowood says:
Apparently Rep. Hager and his colleagues don't understand the responsibilities of the positions they hold.
The Attorney General has the duty to advise the NCGA on legalities and constitutionality of policies and legislation.
Was Attorney General Cooper asked for his advice BEFORE this legislation was hurried into the The NCGA?
I haven't found any indication that he was...The sponsors and leadership of the Majority Party failed to seek his advice beforehand and now they're trying to blame Cooper.
I'm guessing there was no intention of seeking advice from The NCAG's office, because they knew the answer already....and it was a cheap way to set up The Attorney General.
March 31, 2016 at 3:16 pm
Johnny Hiott says:
If cooper does not desire to enforce the laws of NC he should either resign or be removed from office. This should have been taken care of
the last time he refused to defend the state over obamacare. The state legislature should be generous and give him three days to make up his mind to resign. If he refuses they absolutely need to remove him immediately.
