New governor may spend as much time in court as when Attorney General
Published January 5, 2017
Editorial by Fayetteville Observer, January 3, 2017.
It was fitting that Roy Cooper's oath of office was administered by Mark Martin, chief justice of the N.C. Supreme Court. Our new governor may spend as much time in court this year as he did while he was attorney general.
Cooper last week challenged a measure passed by the Republican-dominated General Assembly last month in a special session called to repeal controversial House Bill 2. The lawmakers failed in that mission, but successfully indulged in other shenanigans meant to take power away from the new Democratic governor as well as from members of his administration.
Cooper sought to stop a measure that changes the structure of the state and county boards of elections. It combines the state elections board, the Ethics Commission and a division of the Secretary of State's Office that oversees compliance with lobbying laws. The new office would be run by an eight-member board split evenly between Democrats and Republicans. Lawmakers would appoint half of the board's members and the governor could choose the rest. The board couldn't exercise its power without a super-majority of six votes - which in these politically polarized times, means it's unlikely to act on anything. That said, we were pleasantly surprised in November when our GOP-majority state and local boards of elections tossed out former Gov. Pat McCrory's bogus claims of ballot-box corruption.
McCrory filed suit against lawmakers about two years ago over a similar dispute over appointments. The state Supreme Court upheld his objections, and it's a good guess it will do the same for Cooper.
The state Board of Education also went to court last week over a measure that would take away much of its power and hand it to the state Superintendent of Public Instruction - who is a Republican.
It's a lousy way to start a new administration, forcing the new governor to go to court to defend his constitutional power and establishing from the outset that partisan overreach will remain the dominant force in Raleigh. That's what got McCrory sacked by the voters. Perhaps that light bulb hasn't come on yet in the General Assembly.
