Current, future North Carolina governor’s challenge of power-shifting law could be first of many

RALEIGH, N.C. — North Carolina Gov. Stein, the outgoing attorney general, and Cooper, another Democrat leaving office shortly after eight years on the job, focused their lawsuit in Wake County Superior Court on a provision that would prevent Stein from picking his own commander of the State Highway Patrol. It also would prevent the governor from ensuring state laws are faithfully executed through his core executive and law enforcement functions, since the commander would be effectively unaccountable, the lawsuit said. “Our people deserve better than a power-hungry legislature that puts political games ahead of public safety.” The lawsuit seeks to block the General Assembly’s restriction on the appointment while the litigation is pending and to ultimately declare the provision in violation of the North Carolina Constitution. But language in the law states initially that the patrol commander on a certain day last month — Johnson is unnamed — would continue to serve until next July and carry out the five-year term “without additional nomination by the Governor or confirmation by the General Assembly.” Only death, resignation or incapacity could change that.