State Lawmakers Win Separation of Powers Case in 6-1 Decision of N.C. Supreme Court

Raleigh, N.C. – The North Carolina Supreme Court sided with General Assembly leaders in an important separation of powers case on Friday, issuing a 6-1 decision in Cooper v. Berger affirming the legislature as the state’s constitutional authority on appropriations and policy matters.

The case is one of several lawsuits brought by Governor Cooper against the Republican-led legislature asserting executive power over the state’s appropriations and policymaking process.
The 6-1 decision sided with lawmakers in a dispute over the spending of certain block grant funds, emphasizing that “‘[t]he power of the purse is the exclusive prerogative of the General Assembly,’ with the origin of the appropriations clause dating back to the time that the original state constitution was ratified in 1776.”
State House Speaker Tim Moore (R-Cleveland) released a statement calling the decision “a win for separation of powers.”
‚ÄúThis decision represents a win for separation of powers and the constitutional appropriations process in North Carolina, as well as a defeat for executive branch efforts to govern around the legislature through litigation,” Speaker Moore said Friday.
Read the state Supreme Court decision here.