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North Carolina Appeals Court Partially Restores Stein’s Control, Upholds GOP Shifts on Other Boards

An all-Republican appeals panel issued a split decision redefining the governor’s appointment power under separation-of-powers limits.

Overview

  • Gov. Josh Stein regained authority over the Board of Transportation, the Commission for Public Health and the Economic Investment Committee under the Court of Appeals ruling.
  • Republican-held executive offices retained control over the Environmental Management Commission, the Coastal Resources Commission, the Wildlife Resources Commission and the state building codes council.
  • The panel interpreted the constitution’s take-care clause to permit appointment power within the executive branch to be exercised by officials other than the governor.
  • The case stems from 2023 laws that restructured seven boards, a lawsuit begun by then-Gov. Roy Cooper and continued under Stein.
  • Either side can appeal to the North Carolina Supreme Court, and a separate elections-board overhaul is operating during litigation under State Auditor Dave Boliek after the new leadership replaced the longtime director and added Republican-aligned staff.