NC Governor Challenges 2024 Law Limiting Supreme Court Appointment Power
In 2024, North Carolina limited the Governor's power to appoint Supreme Court judges from party-recommended candidate lists.
Why it matters: This change alters judicial selection procedures, affecting how legal decisions are influenced and impacting litigators and in-house counsel who monitor court composition; it also complicates the balance of power within North Carolina's state government.
- 2024 law (Session Law 2024-57, Section 3C.1.(a)) requires the Governor to select Supreme Court appellate judges only from three candidates nominated by party committees.
- As of November 2026, the North Carolina Supreme Court holds a 5-2 Republican majority, influencing key legal rulings.
- Governor Josh Stein appointed Robert Gilmore to a Superior Court seat in September 2026 within the new nomination framework.
- A September 2026 Court of Appeals decision upheld shifting appointment power of elections-board members from the Governor to the State Auditor, indicating ongoing disputes over appointment authority distinct from judicial appointments.
North Carolina's Governor Josh Stein is actively challenging a 2024 statute that reshaped judicial appointment powers for the state Supreme Court. The legislation, detailed in Session Law 2024-57, Section 3C.1.(a), now mandates that the Governor make appellate court appointments from a limited list of three qualified candidates submitted by the political party's executive committee, rather than choosing independently.
This change marks a significant shift away from over 150 years of gubernatorial control over judicial appointments in North Carolina and restricts the Governor's discretion in selecting Supreme Court judges. Legal professionals should note this affects the court's makeup and may influence key legal decisions for the state.
The current political composition of the North Carolina Supreme Court underscores these stakes: as of November 2026, it holds a 5-2 Republican majority, according to Axios. The Governor's appointment power directly impacts the court's ideological balance.
Within this statutory framework, Governor Stein appointed Robert Gilmore to the Superior Court’s Judicial District 5 seat on September 22, 2026, as stated on the official NC Governor website. This illustrates how judicial appointments continue under the new process with narrowed candidate choices.
Separately, a September 2026 decision from a North Carolina Court of Appeals panel confirmed that appointment powers for members of the state elections board have shifted from the Governor to the State Auditor. This ruling, reported by the North State Journal, signals ongoing legal battles over appointment authority between branches of state government. However, this shift applies to elections-board positions, distinct from judicial appointments, clarifying that the judicial nomination process remains governed by the 2024 statute.
Legal professionals should stay alert to how these statutory and judicial developments reshape appointment powers in North Carolina. These changes carry implications for court diversity, case outcomes, and the traditional boundaries of executive authority in state governance.
By the numbers:
- 3 candidates — number on the party committee list for Governor’s Supreme Court appointments
- 5-2 majority — Republican control of North Carolina Supreme Court as of November 2026
- September 22, 2026 — date Governor Stein appointed Robert Gilmore to Superior Court
Yes, but: While the Governor's appointment power for Supreme Court judges is narrowed by the 2024 law, the elections-board appointment shift to the State Auditor reflects a distinct and separate dispute, avoiding broader conflation of appointment authorities.
What's next: Legal observers should watch for possible legislative or judicial challenges to the 2024 law, as Governor Stein’s efforts continue to reassert traditional powers over judicial appointments in North Carolina.