North Carolina governor can't claw back judicial appointment power

Source: Courthouse News Service

January 7, 2026


RALEIGH, N.C. (CN) — A panel of North Carolina Court of Appeals judges quashed Governor Josh Stein’s case to retain full control over filling appellate court vacancies Wednesday. Stein filed suit against Republican legislative leaders last year, challenging a hurricane relief package that also reduced the power of incoming Democrats after Republicans lost their supermajority in the 2024 elections.

The controversial bill limits Stein’s ability to fill vacancies in the state Supreme Court and Court of Appeals, requiring him to select a nominee from a list provided by the political party of the judge or justice departing the seat. Should a Republican judge leave their seat, this would prevent Stein, a Democrat, from filling the vacancy with a judge from his political party.

Speaker of the House Destin Hall and Senate President Pro Tempore Phil Berger upset the constitutional balance of power when they passed the law, Stein claimed. The parties had argued before the appeals panel last October, with the defendants claiming that the General Assembly is allowed to create political qualifications for judicial vacancy appointees.

The three-judge panel split along party lines, with the Republican judges upholding the legislature’s changes to the judicial vacancies in their majority opinion.

Read more: https://courthousenews.com/north-carolina-governor-cant-claw-back-judicial-appointment-power/