Why Are NC Lawmakers Siding with Federal Power Over Their Own State?
Republican lawmakers are trying to strip North Carolina of its power to challenge harmful federal actions.
North Carolina lawmakers are attempting to pass House Bill 72 (H72) and Senate Bill 58 (S58), a measure that would strip the state’s Attorney General of the ability to challenge presidential executive orders in court. This law would prohibit any legal action against executive orders at both the state and federal levels, further limiting North Carolina’s ability to contest federal policies that may negatively impact the state. This bill builds on an existing law that already restricts the Attorney General from challenging state laws in out-of-state courts, tightening control over the office and reducing its capacity to act independently. By preventing the Attorney General from opposing executive orders, lawmakers are effectively tying the hands of the state’s top legal official and reducing North Carolina’s ability to push back against federal overreach.
This legislation is not just unnecessary—it is absurd. It represents a voluntary surrender of North Carolina’s legal authority. While states like Texas and California frequently challenge federal executive orders to defend their interests, North Carolina would be taking itself out of the fight altogether. The lawmakers pushing this bill appear to be attempting to align themselves with Trump, hoping to gain favor despite having little chance of securing his attention. Instead of protecting North Carolina’s interests, they engage in political posturing that weakens the state’s ability to govern itself effectively.
The consequences of this bill are significant. Presidential executive orders often directly and profoundly impact state economies, healthcare, education, and environmental policies. Without the ability to challenge these orders, North Carolina could not defend itself against harmful federal mandates. Other states actively engage in litigation to protect their interests, yet North Carolina’s lawmakers are choosing to silence themselves. This unprecedented move would weaken the state’s ability to maintain a balance of power with the federal government, undermining the very principles of federalism that allow states to operate independently. If passed, H72 and S58 would leave North Carolina vulnerable to unchecked federal authority, setting a dangerous precedent for the erosion of state sovereignty.
An Assault on North Carolina's Sovereignty
The consequences of this bill are significant. Presidential executive orders often directly and profoundly impact state economies, healthcare, education, and environmental policies. Without the ability to challenge these orders, North Carolina could not defend itself against harmful federal mandates. Other states actively engage in litigation to protect their interests, yet North Carolina’s lawmakers are choosing to silence themselves. This unprecedented move would weaken the state’s ability to maintain a balance of power with the federal government, undermining the very principles of federalism that allow states to operate independently. If passed, H72 and S58 would leave North Carolina vulnerable to unchecked federal authority, setting a dangerous precedent for the erosion of state sovereignty.
H72 and S58 directly attack North Carolina’s sovereignty, stripping the state of its ability to defend itself in federal court. The Attorney General is supposed to be the state’s chief legal advocate, yet this bill would take away a fundamental part of that role. The Attorney General would be legally barred from action if an executive order threatens North Carolina’s economy, environmental policies, or public health. This unprecedented move severely diminishes the state’s ability to push back against federal overreach.
This bill removes an essential check on federal power by explicitly forbidding legal challenges to executive orders. If the president issues an executive order that is unconstitutional or harmful to the state, North Carolina would be forced to accept it without question. This weakens the Attorney General’s ability to fight for the state’s interests and protects federal mandates from legal scrutiny, even when they violate constitutional principles. Other states regularly challenge executive orders when they believe their rights are being trampled. North Carolina, on the other hand, would be choosing to remain silent.
The bill also sets a dangerous precedent for future administrations. It restricts legal action regardless of which party is in power, meaning a future president—whether Democrat or Republican—could issue harmful executive orders that North Carolina would be unable to fight. Historically, governors from both parties have relied on the Attorney General to challenge harmful federal actions. This bill removes that safeguard, leaving North Carolina powerless in legal matters that affect its people. States such as Texas and California have fought against federal overreach through lawsuits. These bills would prevent North Carolina from ever doing the same.
This legislation is a self-inflicted wound. It reduces North Carolina to a passive role in federal legal matters, forcing the state to accept whatever executive orders come its way. The Attorney General’s office exists to protect North Carolina, but this bill would strip it of one of its most critical functions. Rather than standing up for the state’s rights, lawmakers are choosing to surrender them for political posturing. The people of North Carolina deserve leaders who will fight for the state’s autonomy, not ones who willingly weaken it.
The Political Motivations Behind This Capitulation
The motivations behind H72 and S58 have little to do with protecting North Carolina and everything to do with political theater. The lawmakers pushing this bill attempt to align themselves with the President, hoping to gain his favor. However, Trump has shown little interest in North Carolina’s legislators, making this move largely symbolic. Even among conservative states, this bill is an outlier—Texas and Florida have retained their authority to challenge federal executive orders, recognizing the importance of state sovereignty. By contrast, North Carolina’s lawmakers are choosing to weaken their own government for the sake of political allegiance.
This bill is not just an attack on state sovereignty but on the Attorney General’s office itself. Regardless of the Attorney General’s political affiliation, this bill imposes unnecessary restrictions that make it harder for the state’s top lawyer to act in North Carolina’s best interests. The role of the Attorney General is to defend the state against federal overreach, yet this legislation weakens that capacity. In states like Florida and Texas, attorneys general regularly challenge federal executive orders without political interference. North Carolina lawmakers, however, are undermining their own Attorney General, ensuring that no matter who holds the office, they will lack the power to challenge harmful policies.
There is no logical justification for North Carolina willingly surrendering its legal authority. Even supporters of the current federal administration should recognize the importance of preserving the state’s ability to challenge executive actions when necessary. A future president could issue executive orders that negatively impact North Carolina, and by then, the state will have already forfeited its ability to respond. These bills dos not protect North Carolina—it actively harms its ability to govern itself. If passed, this bill would turn North Carolina into one of the weakest states in the nation when it comes to defending its interests. This is not leadership; it is a self-imposed gag order that benefits no one.
The Legal and Constitutional Issues with House Bill 72 and Senate Bill 58
H72 and S58 directly contradicts the principles of dual sovereignty, a fundamental aspect of the U.S. federal system. The Constitution allows states to retain autonomous powers to protect their interests, yet this bill strips North Carolina of that ability. Lawmakers are forcing the state to accept federal directives without legal recourse by prohibiting the Attorney General from challenging executive orders. This weakens North Carolina’s position within the federal system and reduces its ability to function as an independent governing entity.
Beyond the erosion of state sovereignty, these bills raises serious constitutional concerns. It may violate the separation of powers by restricting the Attorney General’s constitutional duties. Limiting the state’s participation in the legal system could render the bill unconstitutional, making it susceptible to judicial invalidation. Historically, courts have overturned laws undermining state authority, and these bills, if they became law, could face the same fate. If challenged, courts may find that restricting the Attorney General in this way exceeds the legislature’s authority and disrupts the balance of power within the state government.
This bill is also flawed in its broad, indiscriminate application. It prevents challenges to all executive orders, regardless of their impact on North Carolina. No distinction between executive actions may benefit or harm the state—under this law, the Attorney General would be unable to take action in either case. While other states actively defend their interests, North Carolina would be voluntarily relinquishing its voice. The lack of any rational justification for this surrender of power further highlights how misguided and damaging House Bill 72 and Senate Bill 58 truly are.
The Ramifications of Silencing North Carolina's Legal Advocacy
The passage of H72 and S58 would have devastating consequences for North Carolina. Presidential executive orders can shape key industries, and North Carolina could face significant economic harm without legal recourse. If an executive order negatively impacts healthcare, energy, or labor policies, the state cannot act, leaving businesses and residents at risk. Without an advocate at the state level, North Carolina citizens would have no protection against federal mandates that may not align with the state’s best interests.
By willingly giving up its ability to challenge federal executive orders, North Carolina lawmakers are opening the door for even greater restrictions on state authority. H72 and S58 set a dangerous precedent that could be used to justify further limitations on the Attorney General’s role, such as restricting challenges to federal agencies or congressional actions. Once the state legislature begins stripping its government of power, there is little stopping future efforts to erode North Carolina’s independence further. This bill is not just about the present—it could reshape the state's ability to govern itself for years.
North Carolina would isolate itself while other states continue to fight for their interests. Texas, California, and Florida frequently sue the federal government to protect their economies and residents, yet North Carolina would be standing by, unable to take action. Instead of leading, North Carolina would become one of the only states voluntarily surrendering its right to defend itself. Without the ability to challenge executive orders, North Carolina would have to rely on other states or private entities to take legal action, leaving its citizens vulnerable and dependent on outside forces. This bill is a surrender, not a strategy, and will leave North Carolina weaker in the face of federal decisions that impact the state’s future.
Pathetic and Self-Destructive Bills
H72 and S58 is almost certain to be vetoed by Governor Josh Stein, preventing it from becoming law. However, the mere fact that Republican lawmakers introduced and supported this bill is deeply troubling. It signals a dangerous willingness to abandon state sovereignty for political posturing. If this is the direction North Carolina Republicans intend to take, the state’s ability to govern itself will continue to erode. This bill is not just a misguided proposal but a warning sign of what could come next.
The lawmakers pushing this bill are actively selling out North Carolina’s interests. No rational justification exists for surrendering the state’s ability to challenge harmful executive orders. The sponsors prioritize performative loyalty to Trump over protecting their constituents. Even conservative-led states like Texas and Florida challenge federal overreach when necessary, yet North Carolina’s legislators are deliberately weakening their government. This bill does not make North Carolina stronger; it makes it defenseless.
North Carolina deserves leaders who will defend its sovereignty, not surrender it for political gain. H72 and S58 do not protect the state—they actively harm it by tying the hands of its Attorney General. If lawmakers truly cared about North Carolina’s well-being, they would work to strengthen the state’s ability to resist federal overreach, not eliminate it. The people of North Carolina must demand representatives who stand up for their state, not those who willingly give away its power for empty political loyalty.