NC Senate Passes Bill Limiting Attorney General's Authority to Challenge Presidential Orders

North Carolina -- The North Carolina Senate approved legislation designed to restrict the state Attorney General's ability to contest executive

orders issued by President Donald Trump. The bill, Senate Bill 58 (SB 58), 

introduced by Republican Senators Eddie Settle, Bobby Hanig, and Timothy Moffitt, prohibits the Attorney General from initiating or joining lawsuits aimed at invalidating presidential executive orders outside of North Carolina. The bill now advances to the North Carolina House of Representatives for further consideration.​

Background and Rationale

Republican lawmakers argue that SB 58 ensures alignment between state leadership and the preferences of North Carolina voters, particularly those who supported President Donald Trump in the recent election. They contend that Attorney General Jeff Jackson, a Democrat, has overstepped his role by challenging executive actions issued by President Trump. Senate leader Phil Berger defended the bill, stating:​

"North Carolina made it very clear in November that they support Donald J. Trump. Part of the reason for that support is his steadfast commitment to regaining control over policies that protect American jobs, national security, and immigration."

Democratic Opposition and Statements

Democratic officials, including Attorney General Jeff Jackson, oppose SB 58, asserting that it undermines the independence of the Attorney General's Office and hampers the state's ability to challenge potentially unlawful federal actions. Jackson emphasized the importance of maintaining the Attorney General's authority to protect state interests, stating:​

"Yesterday proved why North Carolina needs an Attorney General who has the authority to challenge unlawful executive orders. We won an injunction against an order that would have cut hundreds of millions in research funding from our public universities and research institutions." ​
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Senator Graig Meyer, a Democrat, also criticized the bill, arguing that it could prevent the Attorney General from effectively defending the state's interests:​

"We should not take away the Attorney General’s ability to represent the citizens of the state of North Carolina when he has the opportunity to defend our state for jobs, for funding, for health care, for things that our people desperately need." ​

Legislative Progress and Voting Breakdown

SB 58 has progressed through the North Carolina Senate as follows:​

February 26, 2025: Passed the Senate Judiciary Committee along party lines. ​

March 5, 2025: Passed the Senate second reading with a vote of 28-17.​

March 11, 2025: Passed the Senate third reading with a vote of 29-19. ​

The bill now awaits assignment to a House committee for further review before a final vote.​

Challenges and Potential Legal Implications
SB 58 faces several potential challenges:

Governor’s Veto: Governor Josh Stein, a Democrat, has not yet indicated whether he will veto the bill. If he does, Republicans would need a three-fifths majority in both chambers to override the veto.​

Legal Challenges: Opponents argue that the bill may violate the state constitution by interfering with the Attorney General's independent authority. Legal experts suggest that, if enacted, the bill could face immediate court challenges.​

Precedent and Broader Impacts: Similar legislative actions have occurred in other states, aiming to limit attorneys general from pursuing federal litigation, particularly in cases opposing presidential policies.​

What Happens Next?

If SB 58 is approved by the House, it will proceed to Governor Stein for approval or veto. If signed into law, it will immediately limit North Carolina’s Attorney General’s power to challenge presidential orders in court.​

The North Carolina Republican Party remains confident in advancing the bill, while Democrats and civil rights advocates view it as a potential threat to the checks and balances on federal power.​

Sources:
AP News
WRAL
Carolina Journal
Washington Examiner

WNCTimes