A three-judge panel has backed Governor Roy Cooper and issued a retraining order which will prevent legislative confirmation hearings for cabinet secretaries. The case challenging the Senate's right to confirm the governor's cabinet picks is expected to go to trial in March according to the Raleigh News and Observer.  

 

The restraining order squelched a scheduled Wednesday hearing for former U.S. Marine veteran and former state representative Larry D. Hall to lead the Department of Military and Veterans Affairs.

 

Cooper and Republican legislative leaders has been fighting each other even before Cooper took office over issues involving separation of powers.  In December during a special session, the legislature passed a law making Cabinet appointments subject to Senate confirmation.

 

Senate President Pro Tempore Phil Berger and House Speaker Tim Moore issued this statement before the ruling was made public. 

 

“Judges are not legislators and if these three men want to make laws, they should hang up their robes and run for a legislative seat,” Their decision to legislate from the bench will have profound consequences, and they should immediately reconvene their panel and reverse their order.”

 

Cooper issued a statement after the ruling was released.

 

“We need to put these partisan confirmation games behind us and get on with repealing HB2, raising teacher pay and getting better jobs for North Carolinians,” Cooper said. “The court is absolutely correct in their decision and should not be intimidated by threats from legislative leaders.”