Monday, December 16, 2024

The Comedy Stylings of Berger/Moore

 

Berger and Moore ... said the governor has berated them for attacking the separation of powers doctrine when they are instead "seeking to preserve it."

--Haley Fowler, Law360


I was reading the details about the final legal briefs submitted to the North Carolina Court of Appeals in the matter of Cooper v. Berger (case number 24-440, civil suit over constitutionality of Senate Bill 382), and what leaped out at me was the audacious hypocrisy of Phil Berger and Tim Moore (headnote above), and their platoon of legal whizzes, to brazenly assert the opposite of the truth. S 382 strips Democrats, most especially Gov. Josh Stein, of the very executive powers we recently voted he get. S 382 essentially rewrites the job descriptions after the jobs are filled.

It's also a naked attempt for "legislative defendants" to control both the creation and the execution of the laws. That's against the state constitution, a pure-dee power-grab to cement the MAGA tribe's control of all aspects of the government including the courts and all the money under heaven.

"By enacting ... S.B. 382, legislative defendants make a mockery of the guardrails put in place by the people, shifting core executive powers like Monopoly pieces to whichever Council of State member currently enjoys their favor," Cooper's brief said.... "This approach is fundamentally inconsistent with constitutional government and individual liberty."

"...separating the powers accorded our state government by the people is foundational to our republican form of government," Cooper's brief said. "It is a fundamental guiding principle, enacted by the people to prevent tyranny."

Tyrants get away with defying truth -- and violating both law and ethics -- only by the consent of the governed.

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