NC Legislature Files Bill to Undermine AG’s Ability to Challenge Trump’s Executive Orders

Several North Carolina state legislators have filed a bill to bar NC’s Attorney General from challenging Trump executive orders.

The effectiveness of lawsuits filed by multiple state attorneys general to block Trump’s illegal executive orders in court has been a bright spot for those fighting against the Trump Administration’s wholesale attack on environmental protection programs. NC Attorney General Jeff Jackson has joined in two of the biggest cases, including the one to block Trump from unilaterally defunding programs he doesn’t like –such as clean energy projects.

The Bill

In response, six Republican State Senators last week filed SB 58, “AG/Restrict Challenge to Presidential EOs”, one-page legislation which would prohibit the NC Attorney General from participating in litigation which would “result in the invalidation” of “any executive order issued by the President of the United States.” It doesn’t mention Trump by name, but then it doesn’t have to do so to make its purpose clear—to stop effective AG Jackson from going after illegal and unconstitutional actions of the current occupant of the White House, Donald Trump.

SB 58 is designed as an amendment to a provision the pro-polluter state legislative majority passed in December over Gov. Roy Cooper’s veto. That earlier bill included a new section of state law to bar the Attorney General from arguing in a lawsuit that any action of the state legislature was unconstitutional. 

Since the seating of the state legislators class elected in 2024, the General Assembly’s pro-polluter leadership no longer has a veto-proof “supermajority” in the NC House. As a result, newly elected Gov. Josh Stein has a fighting chance to have his vetoes of egregious legislation—like SB 58, if it passes—upheld.

Our Work

NCLCV and other environmental advocates will let our allies and environmental champions in the NC legislature know how important it is to stop this bill. We need to keep our Attorney General on the job, upholding the Constitution and fighting for the health and well-being of all North Carolinians.

Stay tuned for actions you can take in the coming week, and help us in our work at the legislature by becoming a donor today.