North Carolina’s highest court on Friday upheld a law subjecting the governor’s choices to run his top agencies to confirmation votes by the state Senate, providing a legal victory to Republican legislators.

The state Supreme Court ruled unanimously in favor of GOP legislative leaders who passed the confirmation requirement for Cabinet secretaries just before Democratic Gov. Roy Cooper took office in early 2017.

Cooper sued over the new process, calling it unconstitutional. The law was among several changes approved in an extraordinary December 2016 session that eroded or checked powers of Cooper, who had just narrowly defeated then-GOP Gov. Pat McCrory.

Lower courts sided with GOP lawmakers on their right to reject the governor’s appointments to run at least 10 Cabinet-level agencies, with responsibilities ranging from paving roads and collecting taxes to securing prisoners.

Writing for the court Friday, Chief Justice Mark Martin said the confirmation requirement doesn’t violate the constitutional principle of separating the powers and duties of the executive and legislative branches.

“The governor has unfettered power to nominate any eligible individual to serve in his Cabinet, has significant supervisory power over his Cabinet members, and has the power to remove Cabinet members at will,” Martin wrote. “The constitution, moreover, does not otherwise prohibit the General Assembly from requiring senatorial confirmation of members of the governor’s Cabinet.”

The state constitution says the governor “shall nominate and by and with the advice and consent of a majority of the senators appoint all officers whose appointments are not otherwise provided for.” It provided the basis for the law requiring Cabinet approval, which was enforced during the litigation. After some parliamentary fighting over secretaries making committee appearances, all of Cooper’s nominees were confirmed in Senate votes in 2017.

The governor’s choices to the state Utilities Commission, Industrial Commission and Board of Education already are subject to legislative confirmation.

In October, Cooper’s lawyers argued before the justices that although the General Assembly has the power to shape the duties of Cabinet-level agencies, it can’t interfere with how the governor carries out those duties or whom he hires to help him.

There were no dissenting opinions among the seven-member court. Four of the seven justices are registered Democrats.

Martin, a registered Republican, wrote that Cabinet confirmation differed from recent court rulings in which a majority of justices decided the legislature had gone too far in choosing at least half of the members of certain state boards and commissions. That included recent iterations of the state elections board, one version of which was approved in the December 2016 session.

Spokesmen for GOP legislative leaders and Cooper contacted Friday didn’t immediately comment on the ruling.

Otherwise, Cooper has had some success going to court to turn back laws approved in the 2016 session. In addition to blocking new compositions of the election board, he recently got trial court judges to rule that the legislature went too far in giving McCrory decision-making over who leads the Industrial Commission — which handles workers’ compensation cases — through Cooper’s entire four-year term.

Related Stories
‹
On the Porch: Bill Brown - Art and Science Merge at NCMA
This Week: Bill Brown joined the North Carolina Museum of Art as a Conservation Intern in 1988. Thirty-two years later he retired from the Art Museum as Chief Conservator.  He received his M.A. and Certificate of Advanced Studies in Conservation from State University College at Buffalo, NY in 1989. At the Museum, he established the Art + Science Initiative, a collaborative program with Duke University math and science departments. Bill has a passion for Italian Old Master Paintings of the 14th to 18th century. He works part-time as a conservator in private practice and provides conservation support for the Museum and Gallery collection of old master paintings at Bob Jones University in Greenville, SC . He enjoys retirement with his wife and young adult son.
On the Porch: Nora Gaskin - Conjuring Crime Stories
This Week: Author Nora Gaskin is a lifelong resident of the Durham-Chapel Hill area. Her latest is novel is "Lammie Loves Cubby". Nora has a bachelor’s degree in English with Honors in Creative Writing from UNC, and a Masters in English from the University of Washington in Seattle. She spent over 24 years as a stockbroker and financial advisor in the Durham office of a major investment firm. She retired in 2005 to focus on writing. She is the publisher at Lystra Books and Literary Services and the author of three novels and one nonfiction book. She lives and writes in Chatham County, inspired by her native landscape, her husband, and dogs. Her favorite word is "gratitude."
Therapy Smarts and Sen. Natalie Murdock on How HB696 Impacts Children and Families — On Air Today (June 15, 2026)
Founder and CEO of Therapy Smarts Avani Shah and N.C. District 20 Sen. Natalie Murdock speak with 97.9 The Hill on Monday, June 15.
On the Porch: Steven Fenberg - What Funded America's Infrastructure?
This Week: Writer Steven Fenberg discovered Jesse Jones was reputedly the most powerful person in the nation next to President Franklin Roosevelt during the Great Depression and World War II. As chairman of the federal government’s Reconstruction Finance Corporation (RFC)—the nation’s indispensable infrastructure bank—Jones initiated and managed massive New Deal agencies that saved and expanded the nation’s economy and then shifted the RFC’s priority from domestic economics to global defense to fight and win WWII. Fenberg told this remarkable story as executive producer and co-writer of the Emmy Award winning documentary film “Brother, Can You Spare a Billion?” that was narrated by Walter Cronkite and broadcast nationally on PBS. Fenberg then wrote the biography “Unprecedented Power: Jesse Jones, Capitalism, and the Common Good.”
Viewpoints: Constitutional Changes Are Rarely Necessary
Constitutional amendments are supposed to be rare. They are supposed to matter. They are meant to alter foundational principles or governmental structure when absolutely necessary. 
On the Porch: Terri Mitchell - Mentoring Women in Tech
This Week: Terri Mitchell is the founder of Accelerate Success, a program to help women develop the confidence, skills, and networks needed to thrive in STEM careers. She is a former IBM executive with more than 30 years of experience in the technology industry. Starting as a graduate of Le Moyne College with a degree in Computer Science, she held leadership roles across hardware, software, and systems businesses, culminating in her role as Vice President and IBM Integration Executive. Following her retirement from IBM in 2018, Terri became a founding member of Triangle Women in STEM and began the Accelerate Success program.
On the Porch: Carl Nordgren - Creativity Can Unite US
This Week: Carl Nordgren is a best-selling novelist, a teacher, and an imaginal cell. After 25 years as an entrepreneur, he taught Creativity at Duke for 14 years. He’s a two-time TEDx speaker and hosts the weekly radio show ‘Exploring your Creative Genius’ on 97.9 The Hill. His calling is to help each of us and all of us grow our creative capacities and develop our entrepreneurial instincts and behaviors, a calling that informed his book "Becoming a Creative Genius (again)". His new book, "Common Ground for US" continues that work and offers new perspectives on governance and policy making for political and community leaders. You can attend his book launch event at Golden Fig Books in Carrboro on June 4, by clicking the show title above.
On the Porch: Tiffany Muller - End Citizens United
This Week: Tiffany Muller is the President of End Citizens United. She has helped grow the group into a nationwide organization with more than 4 million members and 1 million grassroots donors. Before leading End Citizens United, Tiffany was Deputy Political Director at the Democratic Senatorial Campaign Committee, where she worked with top Senate races. She also served as chief of staff to two members of Congress, ran a political research firm, and was Vice President of Political Operations at the LGBTQ+ Victory Fund. As a member of the Topeka City Council, she led successful efforts to expand anti-discrimination protections. 
Anderson Clayton on N.C. Democratic Party's General Election Preparation — On Air Today (May 20, 2026)
Chair of the North Carolina Democratic Party Anderson Clayton joins 97.9 The Hill News Director Brighton McConnell on Wednesday, May 20.
Rep. Allen Buansi Shares Details on Bill for Millionaire Tax to Fund Public Schools
The District 56 representative joined 97.9 The Hill to discuss the bill he's co-sponsoring to explore new ways for funding public schools.
›