A bill seeking to limit North Carolina Attorney General Jeff Jackson's involvement in litigation challenging executive orders by the President of the United States was introduced by Republican senators on Wednesday, February 5.
On January 21, Jackson, joined a coalition of state prosecutors in the presentation a federal lawsuit to stop President Trump's executive order seeking to eliminate the Birthright citizenship.
The initiative, SB 58 AG/Restrict Challenge to Presidential EOs”, is intended to prevent the attorney general from arguing in a state or federal court in another state against the validity of not only a presidential executive order, but also a law passed by the North Carolina General Assembly.
Republican Senators Eddie Settle, Bobby Hanig, and Timothy Moffitt are sponsors of the measure.
Limiting the powers of the governor, attorney general and other elected officials
In December 2024, North Carolina Republican lawmakers passed a controversial law limiting the powers of the elected governor Josh Stein, Attorney General Jackson and other Democratic elected officials in the November state elections.
Among the provisions, Attorney General-elect Jeff Jackson will not be able to participate in any lawsuit that is “contrary to or inconsistent with the position of the General Assembly.”
This restriction prevents Jackson from acting in litigation that challenges decisions or policies of the Republican-controlled General Assembly
Key points of the bill
- Purpose: Prevent the Attorney General from arguing in a state or federal court in another state against the validity of:
- Any law passed by the North Carolina General Assembly.
- Any executive order issued by the President of the United States
- Application: The restriction would apply to any case initiated on or after the date the law takes effect.
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