North Carolina on "Pause"

by Tom Campbell, Executive Producer and Moderator, NC SPIN, January 19, 2017.

The year has just begun, yet it feels as if someone pushed a big “pause” button within state government.

Governor Cooper has been put on hold in having his cabinet secretaries take office, due to the legislature’s December law requiring that the State Senate confirm all such appointments. The idea has some merit, but the legislature hasn’t established guidelines for the process or timelines for approval. If legislators merely want to ensure appointees are qualified, have no professional, financial or ethical conflicts of interest and can pass routine background checks this confirmation makes sense. If, on the other hand, their intent is largely political and intended to ensure appointees espouse certain political or philosophical positions, confirmation could easily turn into witch-hunt. Governor Cooper’s administration is in somewhat of a holding pattern awaiting permanent leadership.

The question as to whether or not there will be legislative elections this year also creates a pause on several levels. Legislators appealed a federal court ruling that ordered new legislative districts drawn by March 15^th, with new legislative elections held in November. New elections require a certain prescribed amount of time – time for newly drawn districts to be reviewed and approved, time to establish an appropriate candidate filing period, time for primary elections and sufficient time before a general election. Perhaps legislative leadership was hopeful of a lengthy procedural fight that would make legislative elections this year improbable. Maybe so, but the process will have an impact on this year’s legislative session.

Traditionally, in years when legislators face re-election they do not attempt ambitious or controversial agendas. When lawmakers return to Raleigh next week their course is somewhat uncertain.

There’s little question that education policymaking and administration are on pause. December’s special session of the legislature gave the newly elected Superintendent of Public Instruction more authority, while removing authority from the State Board of Education, changes that are on hold pending a court ruling on their constitutionality. The same can be said for the law that would merge the State Board of Elections with the Ethics Commission, actions also challenged in court and also on pause. It goes without saying other court cases over such issues as Medicaid expansion and transgender and voting rights also leave doubt as to future direction.

It appears that North Carolina has become a state governed almost as much by court decisions as by legislative action, court cases that require time and prevent timely implementation.

If these weren’t enough roadblocks, the fundamental relationship between the federal government and our state is hazy. During the 2016 campaign candidate Trump made many promises about programs and policies he would change. Donald Trump and Congress pledged to repeal The Affordable Care Act (Obamacare), however it remains unclear when and what might happen, as well as the impact it might have on healthcare in our state. Further pledges to reform Medicaid, Medicare and mental health create more uncertainty, as do possible changes in the policies, funding and administration of immigration, education, federal regulations, foreign trade and the environment. Nobody knows what to expect in coming months.

The old adage of “when in doubt, don’t” was never more true than when applied to government. With so much uncertainty right now don’t expect much action. State government is effectively on “pause.”