Supreme Court of North Carolina· 12/21/2018

Cooper v. Berger

Citations

822 S.E.2d 286
371 N.C. 799

Syllabus

Facial constitutional challenge to 2016 law making Cabinet appointees subject to the advice and consent of the North Carolina Senate.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

applying the expressio unius canon of construction to interpret the scope of the General Assembly’s power
noting the Governor’s important responsibility in “ensuring that [North Carolina’s] laws are properly enforced.”
discussing the canon of expressio unius est exclusio alterius that “when a statute lists the situations to which it applies, it implies the exclusion of situations not contained in the list” (quoting Evans v. Diaz, 333 N.C. 774, 779–80 (1993))
“Unitary; . . . affecting only one person . . . .”
“Unless the [c]onstitution expressly or by necessary implication restricts the actions of the legislative branch, the General Assembly is free to implement legislation as long as that legislation does not offend some specific constitutional provision.” (emphases omitted

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin

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Cited by

13 cases in this archive cite this case.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

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