Raleigh, NC – A new bill introduced in the North Carolina General Assembly seeks to limit the Attorney General’s ability to participate in certain types of litigation, particularly those that could result in the invalidation of executive orders issued by the President of the United States.
The proposed legislation, titled “An Act to Limit the Attorney General’s Participation in Litigation That Would Result in the Invalidation of Any Executive Order Issued by the President of the United States,” aims to restrict the Attorney General from filing or supporting lawsuits that challenge presidential executive orders. The bill also requires the Attorney General to submit a report detailing violations of G.S. 14-277, which pertains to impersonation offenses.
If passed, the bill would prohibit the Attorney General from taking part in any legal action, as a party or an amicus, that could invalidate laws enacted by the General Assembly. Additionally, it would prevent the Attorney General from filing lawsuits or making arguments in court that could lead to the overturning of presidential executive orders.
Supporters of the bill argue that it ensures the Attorney General remains focused on enforcing state laws rather than challenging federal executive authority. They contend that such limitations help maintain a clear separation between state and federal governance and prevent unnecessary legal conflicts.
Opponents, however, raise concerns that the legislation could restrict the Attorney General’s ability to challenge federal actions that may negatively impact North Carolina. They argue that there could be situations where executive orders conflict with state laws or policies, and the Attorney General should have the flexibility to act in the state’s best interest.
In addition to litigation restrictions, the bill mandates that the Attorney General report on convictions related to impersonation offenses under G.S. 14-277. Specifically, the report must include data on cases from January 1, 2021, through March 1, 2025, with a particular focus on instances where individuals impersonated Immigration and Customs Enforcement (ICE) agents. The Attorney General is required to gather this information from various judicial and law enforcement agencies and present the findings to the Joint Legislative Oversight Committee on Justice and Public Safety by June 1, 2025.
The bill, if enacted, would take effect immediately and apply to any future legal actions involving the Attorney General’s office. It is currently under review in the General Assembly, where lawmakers will debate its implications before deciding whether to move forward with the proposed restrictions.
