When Supreme Court Hears State's Immigration Challenge, NC's Attorney General Will Be On DC's Side Of The Courtroom | Eastern North Carolina Now

News Release:

    Raleigh, N.C.     Today, the United States Supreme Court announced it would hear a challenge by North Carolina and other states to the President's overreaching executive order granting legal status to millions of illegal immigrants.

    However, during the Supreme Court proceedings, North Carolina's top lawyer charged with representing the citizens of North Carolina in court won't be on North Carolina's side. After refusing to join the multi-state lawsuit challenging President Obama's illegal actions, Attorney General Roy Cooper will be on the opposite side of the courtroom, sitting next to the Obama Administration.

    "Roy Cooper continues to side with Washington, D.C. over the best interests of North Carolina," said NCGOP Chairman Hasan Harnett. "In refusing to do his job and challenge the President's illegal executive order, he is doing what his bosses in the White House want instead of fulfilling his duties as North Carolina's chief law enforcement officer."

    Background:

    Citing long-term ramifications to public schools, health services and public safety, Governor McCrory declared President Obama's executive order represented "unconstitutional overreach" (Press Release: "Governor McCrory releases statement on immigration executive order," Office of the Governor, 11/21/2014)

    Governor McCrory & Lt. Governor Dan Forest called on Roy Cooper to join other states to challenge the President's illegal executive order:

          •  "Gov. Pat McCrory, Lt. Gov. Dan Forest and other Republicans are pushing Attorney General Roy Cooper to have North Carolina join the roster of states suing President Barack Obama over his recent actions on immigration. The lawsuit, which is being led Texas Attorney General and Gov.-elect Greg Abbott, seeks to invalidate a set of executive actions by Obama designed to allow some 5 million people in the United States illegally to stay" (Mark Binker and Laura Leslie, "McCrory, Forest urge AG Cooper to join suit on immigration," WRAL, 12/4/2014)

    Cooper refused to join the lawsuit (Anne Blythe, "Cooper calls immigration lawsuit 'partisan' in letter to Forest," Raleigh News & Observer, 12/5/2014)

    Governor McCrory, without the support of the attorney general's office, joined a multi-state lawsuit challenging the President's illegal immigration executive order ("Gov. Pat McCrory enters immigration order lawsuit," The Associated Press, 12/3/2014)

    "Some Governors And Attorneys General Are Split Over The Legality Of Obama's Immigration Policies" (Maxwell Tani, "Some Governors And Attorneys General Are Split Over The Legality Of Obama's Immigration Policies," Huffington Post, 2/13/2015)

    The Courts Have Twice Ruled In North Carolina's Favor

          •  "Judge Jerry E. Smith, writing for the majority in the appeals court, said the states had standing to challenge the program under a 2007 Supreme Court decision that said Massachusetts and other states were entitled to sue the Environmental Protection Agency over its refusal to regulate motor vehicle emissions contributing to climate change." (Adam Liptak and Michael Shear, "Supreme Court to Hear Challenge to Obama Immigration Actions," The New York Times, 1/19/2016)

          •  "The appeals court affirmed that ruling and added a broader one. The program, it said, also exceeded Mr. Obama's statutory authority." (Adam Liptak and Michael Shear, "Supreme Court to Hear Challenge to Obama Immigration Actions," The New York Times, 1/19/2016)

    Contact: Kara Carter
            NCGOP Press Secretary
        kara.carter@ncgop.org