Bloomberg Law Brief: NC GOP Strips Governor Powers (Audio) - podcast episode cover

Bloomberg Law Brief: NC GOP Strips Governor Powers (Audio)

Dec 20, 20163 min
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Episode description

Michael Gerhardt, a professor at UNC School of Law, and Robert Korstad, a professor at Duke University, discuss changes in North Carolina legislation, which will strip powers from the state’s incoming democratic governor. They speak with Michael Best and June Grasso on Bloomberg Radio's "Bloomberg Law."

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Transcript

Speaker 1

Now it's time for our daily Bloomberg lave Reef exploring legal issues in the news, and Today Bloomberg Laho student Grosso and Michael Best discuss attempts by North Carolina's legislature at a strict power from the state's incoming Democratic governor. They speak with Michael Gerhard, a professor at UNC School of Law, and Robert Courstad, a professor at Duke University. Michael, this looks like a blatant attempt to subvert the will of the people who voted for change with Cooper. But

is it legal? Well, that's a really good question. So I think there's not much doubt. This is just a transparent sort of um act of sort of political will on the part of the Republican majority to kind of Tyroy Cooper's hands and weaken his governorship. UM. Whether it's legal or not, I think is that someone uh cover question. There is no obviously knock out paunched, no obvious reason

why it's illegal. Maybe one basis on which it could be challenged is the state contitution does typically does best authority UM in the state Board of Education, which is has been weakened and redesigned pursuing to this law. So there may well be a challenge under state law. And there's some other federal issues that may deal with deluding the federal vote here as well, but those are longer shots. Robert.

You know, if you've been in government at all, you hear people talk about when there's an outgoing administration, the desire to figure out ways to lock in their accomplishments and keep whatever policies they think are great in place. But usually, you know, there's an acceptance that you have to that the new the new administration, whoever it is, is going to do what they're gonna do, and you know, pursuing to their policies. Is there any precedent for this

sort of thing, Well, I don't know. There's no no real precedent in North Carolina. I means, surely after changes of administrations between different political parties, which has only happened a couple of times in the twenty century in North Carolina. Um, you know, the party in power tries to do a few things, perhaps to protect jobs or to protect some

things that they put in place. But uh, this kind of uh, you know, messing with the governor's ability to uh to nominate people to the Board of Elections, the the his his ability to nominate trustees to the U n C school system, all of these things that are things that, uh, we've never seen in the history North Carolina. So even though it it gets tagged by the Republicans it's just partisan politics as usual, there's really something quite

new about what they're doing. And it's Robert Corstad, a professor at Duke University, and Michael Gerhard, a professor at U n C School of Law, speaking with Bloomberg Law, Hoos, Student Grosso and Michael Mest. You can listen to Bloomberg Law weekdays at one pm Wall Street Time here on Bloomberg Radio, and that's this morning's Bloomberg Law Brie. If you can find more legal news at Bloomberg Law dot com and Bloomberg BNA dot com. Attorneys will find exceptional

legal research and business development tools there as well. Is it Bloomberg Law com and Bloomberg b and A dot com for more information

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