North Carolina's Democratic Gov. Josh Stein decided Wednesday against appealing a trial court ruling that did not go in his favor last month, securing a small victory for Republican lawmakers whom the governor was challenging.
The case focused on whether Stein has the authority to choose his own State Highway Patrol commander. The GOP-dominated legislature passed a law in December 2024 — just before Stein was sworn into office — that included a provision stating the governor was required to keep the current incumbent, Col. Freddy Johnson, in the position. Stein then sued.
After hearing arguments in court last month, a panel of Superior Court judges decided unanimously to dismiss the case, saying the provision wasn't unconstitutional.
Johnson, who was appointed by former Democratic Gov. Roy Cooper in 2021, was a defendant in the lawsuit. Cooper was also a plaintiff.
Stein believed the provision to be "ambiguous" on whether he would be allowed to remove Johnson from his position if necessary, which is why he initially challenged the provision, according to a Wednesday news release from the governor's office.
That ambiguity could have led to the interpretation that the commander could keep his post, even if he refused his duties or abused his power, the governor's office said.
“Making a Commander of the State Highway Patrol unremovable for any reason would threaten public safety, and I am relieved the Court did not endorse such a result,” Stein said in a statement. "I continue to have confidence in Colonel Freddy Johnson’s ability to lead the State Highway Patrol effectively, and I look forward to continuing to work with him to keep people safe.”
Attorneys representing GOP House Speaker Destin Hall and Senate leader Phil Berger successfully argued in court last month that the governor's arguments against the provision were largely hypothetical. Additionally, Stein's legal representation and a lawyer for Johnson both reaffirmed that there was no personal conflict between the governor and the State Highway Patrol commander.
Stein has also challenged various other parts of the sweeping state law that eroded many powers of the governor and several other top Democrats holding statewide office. One of the most consequential changes transferred the power to appoint State Board of Elections members from the governor to the state auditor, who is a Republican.
The governor is still challenging that provision in court. State Auditor Dave Boliek's appointments to the board — which shifted from a Democratic to Republican majority — have stayed in place as the provision’s constitutionality continues to be debated in courts.