Cooper v. Berger

The Supreme Court affirmed the decision of the Court of Appeals affirming the decision of the superior court determining that the appointments process in N.C. Gen. Stat. 143B-9(a) does not violate the Constitution, holding that senatorial confirmation of the members of the Governor of North Carolina’s Cabinet does not violate the separation of powers clause when, as in this case, the Governor retains the power to nominate the members, has strong supervisory authority over them, and has the power to removal them at will. Plaintiff, the Governor of North Carolina, brought this action challenging the appointments provision of subsection 143B-9(a), which grants the North Carolina Senate the power to confirm the people that he nominates to serve in his Cabinet. The Supreme Court held that subsection 143B-9(a)’s senatorial confirmation requirement does not violate the separation of powers clause because it leaves the Governor with enough control to take care that the laws be faithfully executed. View "Cooper v. Berger" on Justia Law