NC Republicans want to shield Trump at the cost of our state Constitution | Opinion
In a stunning attempt to protect President Donald Trump’s agenda from legal accountability, North Carolina Republicans are pushing legislation to strip the state’s attorney general of the power to sue the Trump administration over his executive orders. This brazen move is a transparent effort to protect a political ally and a direct violation of the North Carolina Constitution, which vests the attorney general with the authority to act — even file lawsuits — in the public interest. If passed, this statute will set a dangerous precedent, undermining the rule of law and further degrading the state’s foundation as a constitutional republic.
Senate Bill 58 stems from ongoing civil lawsuits against several of Trump’s executive orders — such as the one ending birthright citizenship — filed by North Carolina Attorney General Jeff Jackson. The lawsuit joins those filed by other Democratic attorneys general challenging several Trump orders as unconstitutional. Rather than allowing the legal process to play out, GOP lawmakers are attempting to strip Jackson of his authority to pursue such cases retroactively — effectively declaring that North Carolina cannot contest any Trump policy, no matter its impact on the state.
This effort is part of a broader national trend among Republicans seeking to use legislative action and inaction to empower Trump. However, the North Carolina effort is particularly egregious because it contradicts the state’s constitutional framework.
The North Carolina Constitution establishes the attorney general’s office as an independent legal authority, separate from the legislative and executive branches. The attorney general is tasked with representing the interests of the people. Article III, Section 7 of the state constitution explicitly defines the attorney general as part of the Council of State, responsible for upholding the laws of North Carolina.
Furthermore, state statutes reinforce this authority. The North Carolina General Statute states that the attorney general has the power to initiate lawsuits on behalf of the state against the federal government in issues pertaining to the public interest, like the suit attempting to restore funds appropriated by Congress that affect citizens of North Carolina.
As a reminder, Republican state attorneys general routinely sued the Biden administration on matters their states thought were an overreach. For example, in 2024, nine Republican attorneys generals sued the Biden administration over the executive order to use federal agencies to help with voter registration. None of those states tried to limit their chief judicial officers from bringing lawsuits against the Biden administration.
If lawmakers succeed in limiting the attorney general’s authority now, what’s to stop future legislatures from limiting the attorney general’s powers or other constitutional officers from doing their delegated duties? The precedent would be disastrous, signaling that legal accountability in North Carolina is determined not by the law but by political power.
North Carolina voters expect a sense of checks and balances and that electoral outcomes mean that elected officials can do their jobs, even to restrain the ambitions of the other party. The Republican legislature has been trying to limit the powers of Democratic leaders like Gov. Josh Stein and Attorney General Jackson before SB 58, and this is another attempt to make the legislature supreme in the state. Moreover, there is no legitimate policy justification for this proposal. Republicans have not argued that the attorney general’s lawsuits lack merit — only that it is politically inconvenient. If Trump’s executive orders are legitimate, then the courts should be allowed to determine that. Attempting to strip the attorney general of power mid-case suggests that lawmakers fear what the courts may decide.
If North Carolina Republicans move forward with this unconstitutional attempt to block the attorney general from suing Trump, the courts must intervene. The state Supreme Court should reject any law that selectively strips power from the attorney general in a way that violates the state constitution and the principle of separation of powers.
Voters must also take note. If lawmakers are willing to subvert the legal system for political gain, they cannot be trusted to govern fairly. North Carolinians deserve leaders who respect the state Constitution, not politicians who rewrite the rules to protect their allies.