RALEIGH, N.C. — Gov. Josh Stein, Treasurer Brad Briner and Republican legislative leaders faced a Friday deadline to file new written arguments in the separation-of-powers fight that the North Carolina Supreme Court will hear on Nov. 10.
Stein is challenging state laws that put new limits on his power to fill statewide judicial vacancies and that shifted some of his appointments to state boards and commissions to other elected officials. The court has set aside 2 1/2 hours of oral arguments in the consolidated cases, known as Stein v. Berger and Stein v. Hall, on the first day of its November session, one week after Election Day.
One legislative brief defends Senate Bill 382 from 2024, which requires the governor to fill a vacancy on the Supreme Court or Court of Appeals by picking from three people recommended by the departing judge political party. Lawmakers argued the governor still makes the appointment and that the law simply sets the pool of nominees, which they say is within their power.
A second brief defends changes that moved appointments on seven boards and commissions from the governor to other members of the elected Council of State. In each case the Republican-led General Assembly moved an appointment to a Republican council member. Lawmakers argued the executive branch still holds a majority of seats on each board Stein is challenging.
Briner is defending a law that shifted one of the governor three state Utilities Commission appointments to the treasurer. A three-judge trial court panel and the state Appeals Court both upheld that change, and the treasurer lawyers argued nothing in the state constitution requires the governor to control the commission.
Final briefs in the cases are due Oct. 30. All five living former governors have sided with Stein.
