Just before North Carolina’s new Democratic governor was sworn in, the Republican state legislature passed a series of laws limiting his power — something that may not have been wise, but which Democrats had done previously when the shoe was on the other foot.
One of those laws requires the new governor, Roy Cooper, and all of his successors, to get state Senate confirmation of his cabinet, just as the president must do at the federal level. (Although an “advice and consent” clause does appear in North Carolina’s state constitution, Cabinet confirmations had not been required previously.)
After Cooper sued, a three-judge panel blocked most of the new laws. But then it unblocked this particular provision, allowing Cabinet confirmations to begin. Cooper still doesn’t want to cooperate, and that’s leading to a constitutional crisis between the executive and the legislature.
A state Senate committee on Thursday voted to subpoena Cabinet [military and veterans’ affairs] secretary Larry Hall after he failed to appear for the third time at a confirmation hearing that the Cooper administration contends violates a court order.
The overwhelmingly Republican committee voted along party lines to compel Hall to appear next Thursday and testify, regardless of what Gov. Roy Cooper advises him to do. Senate Leader Phil Berger said he would sign the subpoena, which are infrequently issued in the legislature.
“We have reached a point that the executive branch is challenging the constitutional authority of the General Assembly and, specifically, the Senate,” Sen. Ralph Hise, a Republican from Spruce Pine, said at the meeting. “He has shown disrespect for this committee.”
The next step is anyone’s guess. Hall could show up next week to testify — after all, the state Senate leader has already hinted that his nomination, and those of the other prospective cabinet picks, are relatively uncontroversial and will probably pass.
But Gov. Cooper doesn’t want to cede the authority and lend legitimacy to the new laws, so he might take it another round and fight the subpoena in court. This could conceivably lead to court orders, civil contempt charges by the committee, or any other number of nasties.
The partisan feuding in the bitterly divided Old North State is just getting started.
