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COOPER v. BERGER

No. 315PA18-2.

852 S.E.2d 46 (2020)

Roy A. COOPER, III, individually and in his official capacity as Governor of the State of North Carolina v. Philip E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives; Charlton L. Allen, in his official capacity as Chair of the North Carolina Industrial Commission; and Yolanda K. Stith, in her official capacity as Vice-Chair of the North Carolina Industrial Commission.

Supreme Court of North Carolina.

Filed December 18, 2020.

Attorney(s) appearing for the Case

Daniel F. E. Smith , Jim W. Phillips, Jr. , Greensboro, and Eric M. David , Raleigh, for plaintiff-appellant Roy Cooper, Governor of the State of North Carolina.

Nelson Mullins Riley & Scarborough LLP, Raleigh, by D. Martin Warf and Noah H. Huffstetler, III , for defendants-appellee Philip E. Berger and Timothy K. Moore.

K&L Gates LLP, by Matthew T. Houston , Raleigh, and Zachary S. Buckheit , for amicus curiae North Carolina Chamber Legal Institute.

Joshua H. Stein , Attorney General, by Ryan Y. Park , Solicitor General; James W. Doggett, Deputy Solicitor General; and Daniel P. Mosteller , Special Deputy Attorney General, for amicus curiae State of North Carolina.

The issue before us in this case is the extent to which the Governor of the State of North Carolina, as compared to the North Carolina General Assembly, has the authority to determine the manner in which monies derived from three specific federal block grant programs should be distributed to specific programs. After careful consideration...

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