In a significant legislative move, the North Carolina General Assembly is considering a bill that could reshape the state’s legal landscape by restricting the Attorney General’s power to challenge federal executive orders. The bill, primarily targeting Democratic Attorney General Jeff Jackson, has already passed the state Senate and awaits a House decision.
The proposed legislation would specifically prevent any North Carolina attorney general from pursuing lawsuits that could nullify executive orders issued by the President of the United States. This measure, as stated by Republican Sen. Tim Moffitt, a co-sponsor of the bill, aims to ensure that the state’s attorney general remains focused on protecting the interests of North Carolinians. “It’s been approached in a very nonpartisan way,” Moffitt remarked, emphasizing the bill’s intent to keep the attorney general’s duties aligned with state priorities.
If enacted, this legislation would uniquely position North Carolina’s attorney general as the sole state official unable to legally challenge President Donald Trump. Across the nation, state attorneys general frequently initiate legal actions against presidential directives that clash with state laws or policies.
This legislative push follows Attorney General Jeff Jackson’s recent involvement with 22 other attorneys general in a lawsuit against the Trump administration. The suit challenged the administration’s decision to halt trillions in federal grants, resulting in a preliminary injunction favoring the states. Reflecting on this outcome, Jackson asserted on social media the necessity of maintaining the attorney general’s capacity to counteract unlawful federal actions. “It was a reminder that an important part of this job is being a shield against unlawful federal acts that would undercut our economy and hurt our future,” Jackson stated, advocating for the preservation of this protective role.
This legislative effort is not unprecedented in North Carolina’s political history. In December, prior to Democrat Josh Stein’s gubernatorial inauguration, the General Assembly transferred control of the state Board of Elections from the governor to the Republican state auditor. This move has since sparked several legal disputes.
Despite the current political dynamics, Republicans lack a veto-proof majority in the General Assembly, granting Governor Stein the ability to prevent the bill from becoming law if it reaches his desk.
Nationally, state attorneys general have been active in litigation against federal administrations, filing 122 lawsuits against the Biden administration, with approximately 93% initiated by Republicans.
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