North Carolina Legislature Considers Restricting Attorney General’s Authority to Sue President
In North Carolina, a legislative proposal is under consideration that could significantly alter the powers of the state’s Attorney General, Jeff Jackson, particularly when it comes to challenging the actions of President Donald Trump. The bill, which has successfully passed the state Senate, awaits a decision in the House.
If enacted, the legislation would prevent any Attorney General in North Carolina from initiating lawsuits aimed at overturning executive orders issued by the President of the United States. This move would make Jackson the only Attorney General in the nation restricted in this capacity, as state attorneys general frequently engage in legal actions against presidential orders that conflict with their state’s laws or policies.
Republican Sen. Tim Moffitt, who is co-sponsoring the bill, commented on its intent, stating, “It’s been approached in a very nonpartisan way. It’s simply to keep our attorney general focused on the things that they should be focused on, which is really protecting North Carolinians.”
Earlier in the year, Attorney General Jackson joined 22 other state attorneys general in a lawsuit against the Trump administration, contesting its decision to freeze trillions of dollars in federal grants. A federal judge sided with the attorneys general, granting a preliminary injunction.
Jackson expressed his views on the matter via social media, emphasizing the importance of his role in opposing unlawful executive orders. He stated, “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. For the good of our state, that shield should remain in place.”
This legislative effort is not the first instance of North Carolina Republicans attempting to limit the power of elected Democrats. In December, prior to Democrat Josh Stein’s inauguration as governor, the General Assembly passed a bill transferring control over the state Board of Elections from the governor to the Republican state auditor. This legislation is currently facing several legal challenges.
Currently, Republicans in the General Assembly do not hold a veto-proof majority, which means Governor Stein could potentially veto the bill that seeks to restrict Jackson’s legal authority.
Historically, state attorneys general have actively litigated against federal administrations. For instance, under the Biden administration, state attorneys general filed 122 lawsuits, with 93% of these cases being initiated by Republicans.
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