Forest suing Cooper

Zach's Grandpa

Old Mossy Horns
I have said from the start of this that Cooper didn’t have the authority to issue the orders that he did. Apparently I was correct, the state constitution requires that he has to have committee approval and not only did he not have it he never sought it. Not hard to see that he has a serious condition known as “power trip itis “.
 

SharpShooter

Ten Pointer
When he realized he didn’t have approval he pushed on with it. Cooper is a lawyer and knows the system. From what I’ve seen his version of right and wrong are vastly different than mine. Unfortunately most of the judges are very liberal and I don’t see Dan Forest winning this time and I wouldn’t be surprised if Cooper wins again in November.
 

richard corn

Six Pointer
just a bunch of media grabbing political BS..plain and simple!! Were this not an election year you only hear about them together in the hot tub at governor mansion
 

Homebrewale

Old Mossy Horns
I am not a lawyer nor do I play one on TV. Also I'm too lazy to look up every statute. I will note that each executive order sites the authority being used. Anyone will spare time can look up each section sited and make a determination.
 

CRC

Old Mossy Horns
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Hunting Nut

Ten Pointer
So, following history.....
Pooper's next move is to declare himself Chancellor for life.
So sorry, Governor for life.
 

CRC

Old Mossy Horns
Online law degree where you don't need to leave the basement?
I read the statutes like you said to. The statute Cooper is using makes no reference to needing council of state approval.

Surely our fine citizen legislators would not enact a poorly written law?
 

bag12day

Four Pointer
Contributor
And heres the kicker in his filing he is requesting approval from Cooper via State funds to pay for the use of his own private atty since the NC Atty Gen office is the one who provided the opinion that what Copper is doing is legal ie conflict of interest. Be interesting to see how cooper and subsequently the presiding judge responds.
 

RJ1

Ten Pointer
It is a interesting move Dan Forest is a very smart man, he is not a lawyer but I am sure he has been in contact with several before making this move. If Copper doesn't let it move forward it becomes a big time talking point.
 

bwfarms

Ten Pointer
Putting his name out there to generate passion for voters to 'fight back' at the polls. Hope it works.
 

Soilman

Old Mossy Horns
Contributor
Not only that, how about if we get Biden as President and the Senate flips to Democrat majority.
In that case, anybody with the slightest conservative leanings had better pack a bag and head to the nearest undisclosed underground bunker for the next 4 years. When you emerge, you probably will think you went though a time warp and ended up in 1943 Germany and you are now Jewish.
 

QuietButDeadly

Old Mossy Horns
Contributor

Disputed law:

Read item a of the above law and all of the things permitted under a.

Then read item b and all of the things permitted under b which require Council of State Approval.

It sure looks like to me that a lot of what is in the EO falls under the item b.

Probably a moot point since most of the Council of State will side with Cooper anyway if push comes to shove. And even if Forest wins, it will not change the mind of the Cooper Cool-Aid drinkers anyway. Just a technicality.
 

RJ1

Ten Pointer
Probably a moot point since most of the Council of State will side with Cooper anyway if push comes to shove. And even if Forest wins, it will not change the mind of the Cooper Cool-Aid drinkers anyway. Just a technicality.

I don't know about that if I'm not mistaken of the 10 positions on the Council of State 6 are republicans and 4 are democrats.
 

Deep River

Button Buck
Cooper is justifying it by using item c
It seems pretty clear that the content of these restrictions largely fall within section b, and require concurrence from the Council of State. I don't think that using section c as justification would hold up in court. Doing so would required an interpretation that section c functionally invalidates the Council of State concurrence requirement of section b in nearly every case. That clearly could not have been the intent of the General Assembly when they approved the statute.
 
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bag12day

Four Pointer
Contributor
I don't know about that if I'm not mistaken of the 10 positions on the Council of State 6 are republicans and 4 are democrats.
Normally I would agree with that point and you are correct there is a 6 person "majority" of repubs to either 4 or 5 of Dims BUT he couldn't get anyone else to sign on to the lawsuit which makes me skeptical of who would back his play even if it did come to a council of State vote.
 
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surveyor

Eight Pointer
The item c of the law pertains to localized states of emergency, like a hurricane on the coast or wildfires in the Piedmont. He can only assert this in the event he can prove their efforts were unsuccessful in slowing the virus and only in their jurisdiction.

Considering some jurisdictions did not have a "surge" in the virus, if he decides to pervert option c, every county that did not have a surge can file suit.
 

Firedog

Old Mossy Horns
Contributor
It is a interesting move Dan Forest is a very smart man, he is not a lawyer but I am sure he has been in contact with several before making this move. If Copper doesn't let it move forward it becomes a big time talking point.
My opinion, this is not about winning the lawsuit. This is a campaign move by Forest and a pretty smart one. It is obvious that the ability to actually get out and campaign is going to be limited respective to past practice and in that situation the incumbent has the bully pulpit and airtime disproportionate to the challenger. This move puts Forest into the news cycle. Never lose track of the fact that neither candidate really has to pay much attention to most on this board, it is the 10% in the middle and turnout of the bases that decide the election.
 

sky hawk

Old Mossy Horns
Contributor
I’d be fine with it even if it’s pure politics. He’s highlighting the fact that he is the anti-Cooper choice. The choice for freedom and common sense. People need a choice, and he’s making a distinction. And these restrictions here and across the country are suppressing events of their opponents, which naturally strongly favors the incumbent. That’s way worse than everything they’ve tried to stick Trump with.
 

buckshooter

Old Mossy Horns
I’d be fine with it even if it’s pure politics. He’s highlighting the fact that he is the anti-Cooper choice. The choice for freedom and common sense. People need a choice, and he’s making a distinction. And these restrictions here and across the country are suppressing events of their opponents, which naturally strongly favors the incumbent. That’s way worse than everything they’ve tried to stick Trump with.
Goes directly back to one word

C. O. N. T. R. O. L.
 
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