Raleigh -- September 13, 2026: Five former North Carolina governors, representing both Democratic and Republican parties, have filed a rare bipartisan brief supporting Governor Josh Stein in a significant constitutional dispute. This united front underscores the critical importance of the separation of powers principle, transcending political divides ahead of a November 10, 2026, North Carolina Supreme Court hearing. The outcome of this case could significantly influence future governance across the state, impacting residents in the Greater Asheville Area and throughout Western North Carolina.
The core of the dispute centers on how far the General Assembly can go in reallocating or constraining powers vested in the governor by the state constitution. Governor Stein is challenging state laws passed by the Republican-led legislature that restrict his authority over appointments to fill vacancies on the North Carolina Supreme Court and Court of Appeals, as well as control over powerful state boards and commissions. The cases, known as Stein v. Berger and Stein v. Hall, have been consolidated for oral argument before the state’s highest court.
The bipartisan group of former governors includes Republicans Jim Martin and Pat McCrory, alongside Democrats Mike Easley, Bev Perdue, and Roy Cooper. In their friend-of-the-court brief, they state a “strong interest” in the cases, emphasizing their commitment to “preserving the executive power, status, and dignity that the Constitution confers on the Office of the Governor.” Each served under the same constitutional framework now being contested, providing them with what their lawyers describe as “unique, shared experience” with the practical operation of separation of powers.
This rare show of support highlights the gravity of the constitutional questions at hand. The former governors argue that legislative moves to “take away the Governor’s executive power, ‘divide’ it up, and ‘allocate’ it to members of the Council of State” cannot be reconciled with the North Carolina Constitution. They have previously intervened in similar cases, consistently advocating for the preservation of the state’s separation-of-powers guarantee.
The North Carolina Supreme Court has allotted two-and-a-half hours for arguments on November 10, 2026. The court’s decision will have lasting implications for the balance of power between the executive and legislative branches, shaping how state government operates and delivers services. For residents of Western North Carolina, the ruling will define the scope of gubernatorial authority in key areas, from judicial appointments to the oversight of state agencies that affect daily life.