NORTH CAROLINA — Several lawmakers introduced legislation to prohibit the Attorney General’s office from taking any legal action opposing the Trump Administration’s executive orders. This comes as newly elected Attorney General Jeff Jackson is representing North Carolina in several multi-state lawsuits against recent federal actions.
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Rep. Keith Kidwell (R-Beaufort) introduced a bill Monday to prevent Jackson from participating in any legal action that would invalidate an executive order issued by President Donald Trump. The brief House bill matches a Senate bill, S.B. 58, introduced last week.
Jackson is representing North Carolina in several suits against recent Trump Administration executive orders and actions, including multi-state lawsuits challenging the federal government’s funding freeze to states, attempt to end birthright citizenship, funding cuts to the National Institutes of Health, and Department of Government Efficiency (DOGE) access to the Treasury Department’s central payment system.
He joined 22 attorneys general to sue the Trump Administration to stop its temporary federal freeze on grants, loans, and assistance on Jan. 28.
“Various federal agencies have chaotically and unevenly begun suspending access to a wide range of funds,” Jackson wrote in a release. “Although it’s not clear which programs and funds will be suspended, the announcement has left government agencies and other organizations across North Carolina uncertain about the services they can provide in upcoming weeks.”
U.S. District Judge John McConnell issued a temporary restraining order prohibiting the Trump Administration from barring funds to states late last month. On Monday, the judge issued another directive demanding the Trump Administration’s compliance after finding it failed to adhere to the order.
Jackson emphasized the potential negative impact of a federal funding pause on Hurricane Helene recovery. A broad range of groups have raised concerns about the consequences of the temporary freeze on North Carolina, including the National Resources Defense Council and Children’s Hospital Association.
Department of Justice Communications Director Nazneen Ahmed told Port City Daily the Attorney General’s office did not have a comment on the new bills to restrict his authority.
Coalitions of attorneys general have sued presidential administrations across a broad range of issues in recent years. According to the West Virginia Attorney General’s Office, the Biden Administration was sued by states 18 times in his first 100 days in office.
Patrick Morrissey, West Virginia’s Republican former AG and governor, criticized the Biden Administration for rapidly enacting 42 executive orders within 100 days. Morrissey described state lawsuits as an important method of ensuring moderation and preventing presidential malfeasance:
“Using executive orders to make major policy changes without Congress or the bare minimum notice and comment procedures for reasoned executive rulemaking is a recipe for divisive mistakes.”
Trump has issued at least 54 executive orders in the last 20 days. He established DOGE by executive order on Jan. 20.
Jackson filed a suit against DOGE with 18 attorneys general arguing the agency violated the Constitution’s Separation of Powers doctrine and federal administrative law by allowing officials without appropriate authority to interfere with funds allocated by Congress.
“That runs afoul of the Constitution in the strictest sense,” Sen. Thom Tillis (R-NC) recently said. “But clearly you saw Biden do it. It’s not uncommon for presidents to flex a little bit on where they can spend and where they can stop spending.”
States argued DOGE access to sensitive information poses a security risk. A federal judge concurred Saturday and issued a temporary restraining order against DOGE.
“The court recognized this federal overreach for what it is — a violation of federal law and a threat to people’s privacy and security,” Jackson stated in a release. “For now, DOGE can’t access the treasury system and the data it holds — including Social Security numbers. We’re going to keep fighting this case to uphold the longstanding federal protections of Americans’ confidential financial data.”
The recently introduced state bills would amend S.B. 382, a controversial 131-page bill that stripped authority from newly elected Democrats including the governor, attorney general, and superintendent of public instruction.
The law prohibits Jackson from taking any position on the legality of state laws being challenged in court that is inconsistent with the General Assembly. It includes a provision specifying limitations on “participation in foreign litigation”:
“The Attorney General shall not, as a party, amicus, or any other participant in an action pending before a state or federal court in another state, advance any argument that would result in the invalidation of any statute enacted by the General Assembly.”
The newly introduced bills would change the provision to include “any executive order issued by the President of the United States” as an additional restriction.
Republican lawmakers overrode former Governor Roy Cooper’s veto of S.B. 382 in December before losing their supermajority. Former House Speaker Tim Moore said the bill would stop the AG from representing the state in “woke lawsuits” hours before the House voted to override Cooper’s veto during an interview with Steve Bannon.
PCD reached out to local representatives to ask if they had a position on the recently introduced House and Senate bills but only heard back from Rep. Deb Butler by press; she said she hadn’t yet researched the proposed legislation.
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