A North Carolina bill could become the nation’s test case on whether a legislature can prevent a politically-opposed state prosecutor from suing the presidential administration on behalf of the state.
The bill, SB 58, would limit present and future North Carolina attorneys general from participating in litigation seeking to invalidate any executive order issued by the president of the United States.
“The Attorney General shall not, as a party, amicus, or any other participant in an action pending before a state or federal court in another state, advance any argument that would result in the invalidation of any statute enacted by the General Assembly,” the bill reads.
“The attorney general shall not… an action that would result in the invalidation of an executive order issued by the President of the United States [or] advance any argument in a pending action that would result in the invalidation of any executive order issued by the president.”
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The bill passed on a party-line vote last week in the GOP-controlled state Senate, and appears primed for consideration by the House — which lost its veto-proof majority by one vote last election.
Attorney General Jeff Jackson has already put his name to several suits against the feds since taking office in January.
Jackson, a Democrat and former member of Congress for the western Charlotte suburbs, has to put politics aside in his role and instead represent the state as a whole, his spokesman, Ben Conroy, said Monday in pushing back on the legislation.
“The attorney general’s duty is to be a nonpartisan shield for the people of North Carolina. Nearly 90 federal executive orders have been issued. Attorney General Jackson has filed four federal lawsuits to protect billions in funding for western North Carolina, our public universities, and rural jobs,” Conroy said.
“In each case, judges across the country have agreed that the federal…
