Finally, by another 2–1 vote, the court
upheld a new law requiring the governor to submit his Cabinet appointments to a state Senate vote. Before Cooper took office, governors appointed Cabinet secretaries without legislative interference, but Republicans abolished that practice in December, granting themselves the opportunity to provide “advice and consent.” The court had
previously issued a temporary injunction halting this law on the theory that, because Cabinet secretaries oversee
executive agencies, the Legislature’s attempt to exert control over the secretary selection process infringed on the governor’s “executive power.”
But on Friday, the court concluded that the state Senate is constitutionally empowered to provide its “advice and consent” in Cabinet appointments. It seemed encouraged by the fact that the Senate has already approved three of Cooper’s appointments and set hearings for others. Cooper, the majority noted, “has made no evidentiary showing that the Advice and Consent provision will result in a violation” of separation of powers. Put differently, the new law might pose a constitutional threat if the legislature used it to blockade Cooper’s appointments—but right now, it appears to be functioning benignly.
Cooper’s office has suggested he will appeal the decision regarding Cabinet appointments.