North Carolina law would make it illegal for Democratic AG to sue Trump

Republicans in the North Carolina General Assembly are pushing a bill that would prohibit Democratic Attorney General Jeff Jackson from suing President Donald Trump.

The bill, which passed the state Senate and is now awaiting a vote in the House, would bar any North Carolina attorney general from filing a suit that results in the “invalidation of an executive order issued by the President of the United States.”

“It’s been approached in a very nonpartisan way,” said Republican Sen. Tim Moffitt, a cosponsor of the legislation. “It’s simply to keep our attorney general focused on the things that they should be focused on, which is really protecting North Carolinians.”

But if enacted, the bill would make Jackson the only attorney general in the country unable to take Trump to court. State attorneys general routinely sue presidents when executive branch actions conflict with state laws or policies.

Earlier this year, Jackson joined 22 other attorneys general in suing the Trump administration over its attempt to freeze trillions of dollars in federal grants. Last month, a federal judge sided with them and issued a preliminary injunction.

Jackson wrote on social media that the episode “proved why North Carolina needs an Attorney General who has the authority to challenge unlawful executive orders.”

“It was a reminder that an important part of this job is being a shield against unlawful federal acts that would undercut our economy and hurt our future,” Jackson wrote. “For the good of our state, that shield should remain in place.”

This isn’t the first time North Carolina Republicans have tried to curtail the power of an elected Democrat.

In December, before Democrat Josh Stein was sworn in as governor, the General Assembly passed a bill shifting control of the state Board of Elections from the governor to the Republican state auditor. That bill is now the subject of multiple legal challenges.

Republicans no longer have a veto-proof majority in the General Assembly, so Stein would be able to block the bill limiting Jackson’s power from becoming law.

State attorneys general filed 122 lawsuits against the Biden administration. About 93% of those suits were filed by Republicans.