Lawmakers top Cooper in battle over school vouchers, court size, spending

State lawmakers notched a series of wins Monday in their ongoing power struggle with Gov. Roy Cooper.

Posted 8:43 p.m. Apr 9, 2018 — Updated 10:34 p.m. Apr 9, 2018

Matthew Burns

, WRAL.com senior producer/politics editor

RALEIGH, N.C. — State lawmakers notched a series of wins Monday in their ongoing power struggle with Gov. Roy Cooper.

Judges ruled that lawmakers have the authority to expand the Opportunity Scholarships private school voucher program, whittle down the state Court of Appeals and control spending from federal block grants and legal settlements.

"Appropriating public funds is such an important responsibility that our constitution gives that authority to 170 of the people’s elected representatives – not to one single politician, whose job is to execute the law rather than attempt to make his own," Senate President Pro Tem Phil Berger and House Speaker Tim Moore said in a statement. "We are pleased the court stopped some of Gov. Cooper’s latest attempted power grabs and urge him to abandon these self-serving lawsuits."

As part of the state budget approved last summer, lawmakers called for increases of at least $10 million a year over the next decade in the voucher program. The administration's budget director was ordered to include this money in future budget proposals, eventually building the program to $134.8 million a year.

Cooper's attorneys argued in a February hearing that lawmakers cannot dictate what a governor includes in his or her proposed budget.

Superior Court Judges Jay Hockenbury of New Hanover County and Nathaniel Poovey of Catawba County ruled in a 2-1 margin that the provision "has no effect on the governor's recommended budget" and therefore doesn't infringe on his duties.

Also last year, lawmakers passed a measure over Cooper's veto to cut the size of the Court of Appeals from 15 judges to 12. The court would be winnowed down as judges reach retirement age in the next few years.

Cooper initially got around the law when a Court of Appeals judge took early retirement, and the governor was able to appoint a successor before lawmakers overrode his veto.

Still, his attorneys argued that eliminating positions on the court interferes with a governor's authority to fill vacancies on the bench and that lawmakers violated the constitution by cutting short judges' eight-year terms on the appeals court.

Again by a 2-1 margin, the judges ruled the General Assembly has the power to set the size of the court and that the governor was conflating the office with the office holder in arguing over the length of a judge's term.

Superior Court Judge Henry Hight of Vance County dissented on both counts, ruling that lawmakers cannot shorten the term of office on the Court of Appeals or require the governor to include specific items in his recommended budget.

Hight alone heard the arguments over whether Cooper or lawmakers control $183 million in spending from federal block grants and a Volkswagen settlement fund, which was created to end lawsuits tied to the car company's faulty vehicle emissions figures.

He ruled that all of the money was passing through the state treasury and that no money could be spent from the treasury without a legislative appropriation. So, lawmakers win on this issue as well.

Cooper has been at odds with Republican legislative leaders since before his inauguration, fighting over appointment powers, the state elections board and cabinet confirmations, among other issues.

Suggest A Correction