Just say no, governor
Published December 16, 2016
Editorial by Greensboro News-Record, December 16, 2016.
Gov. Pat McCrory will make his final days in office his best if he protects that office from an attempted legislative assault.
When on Dec. 5 he conceded the election to Democrat Roy Cooper, Republican McCrory asked the public to “respect the outcome.” That was important, because his margin of defeat was barely 10,000 votes.
“We should now do everything we can to support the 75th governor of North Carolina, Roy Cooper,” he said. And: “I encourage everyone, now more than ever, to respect all of our public servants and the offices they were elected to hold.” He probably did not know he would have to prove he meant those words.
Thursday morning, McCrory signed the Disaster Recovery Act, a $200 million response to recent floods and wildfires. Lawmakers acted quickly to approve the measure in a special session called by the governor.
Then Republicans convened a second special session. McCrory must veto any bills that emerge from this unannounced, lame-duck conclave.
Several bad pieces of legislation were filed late Wednesday. Perhaps the worst weakens the office of governor, cutting by 80 percent the number of employees Cooper could place in executive agencies and requiring Senate confirmation of his department heads. These measures not only attempt to bully Cooper even before he takes office, they compromise his ability to carry out his duties and put the executive branch in a subordinate position to the legislative.
McCrory has dealt with that, and he fought back. When the legislature tried to create and control agencies with executive functions, he challenged its actions in court. He was supported by former Govs. Jim Hunt, a Democrat, and Jim Martin, a Republican. They joined together in a bipartisan cause of safeguarding the doctrine of separation of powers and the integrity of the governor’s office — and they won in a 6-1 decision of the N.C. Supreme Court.
Among other findings, the court said that “as the three branches of government carry out their duties, one branch will not prevent another branch from performing its core functions.” By drastically reducing the number of people Cooper could place in policymaking positions and potentially denying him the opportunity to select top leaders, the legislature again might be trying to “prevent another branch from performing its core functions.”
McCrory doesn’t have to let the court draw that conclusion after another legal battle. He can stand up for the same principle he claimed previously if this bill reaches his desk by stamping it with a veto and affirming that he meant what he said about accepting the outcome of the election, supporting the next governor and respecting the office itself.
Another bill presents more problems. It radically changes how the N.C. Court of Appeals hears some of its cases, creating a new level of judicial review. Some legal experts say it would delay the resolution of cases and add costs for litigants. There appeared to be no consultation with the court system before this bill was introduced. Normally, such significant changes would require months or even years of study before implementation. This legislature apparently plans to take a couple of days.
Why? The Supreme Court, since the election victory of Michael Morgan, will have a Democratic majority. The Court of Appeals has a Republican majority. The intent may be to hold more cases, or at least hold them longer, in the Court of Appeals and marginalize the Supreme Court. It would create gridlock in the appellate system.
None of these matters should be handled in a quick-and-dirty special session with little input from the public or professionals. The governor must say no. If he does, he will leave office with the thanks of the people.
