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Carolina Journal Radio No. 717: Trump hits home run with Supreme Court pick

Carolina Journal Radio / Donna Martinez and Mitch Kokai
The Truth Network Radio
February 13, 2017 12:00 am

Carolina Journal Radio No. 717: Trump hits home run with Supreme Court pick

Carolina Journal Radio / Donna Martinez and Mitch Kokai

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February 13, 2017 12:00 am

President Trump has nominated Judge Neil Gorsuch of the 10th U.S. Circuit Court of Appeals to succeed the late Antonin Scalia on the U.S. Supreme Court. Conservatives have offered general praise for Trump’s choice, while some critics have geared up for a confirmation fight. Jon Guze, the John Locke Foundation’s director of legal studies, analyzes Gorsuch’s record and assesses his likely impact on the state’s highest court. North Carolina lawmakers have devoted much of their time and taxpayer dollars in recent years to raising public school teacher pay. Now some lawmakers want to focus attention on pay for school principals. You’ll hear highlights from a recent legislative debate on the topic, along with reaction from Terry Stoops, JLF’s director of research and education studies. Speaking of schools, North Carolina’s newly elected state superintendent of public instruction recently briefed the State Board of Education for the first. You’ll learn Superintendent Mark Johnson’s top priorities as he begins his new job working with the Department of Public Instruction. Some N.C. legislators want to focus attention on the state’s long-term transportation needs. They say the state can’t address those needs with its current funding sources. You’ll hear highlights from a recent meeting of a study committee addressing North Carolina’s transportation challenges in the coming decades. Just before Roy Cooper entered North Carolina’s executive mansion as governor, state lawmakers approved a new law that subjects Cooper’s Cabinet appointments to a confirmation process in the state Senate. As Cooper challenges the process, senators have spelled out details of how it will work. Rick Henderson, Carolina Journal editor-in-chief, discusses the process and explains how it might impact Cooper’s agenda and the new governor’s relationship with the General Assembly.

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From Cherokee to current and the largest city to the smallest and from the statehouse into the schoolhouse Carolina Journal radio your weekly news magazine discussing North Carolina's most of public policy events and issues welcome to Carolina Journal radio I Muskoka during the next hour, Donna Martinez and I will explore some major issues affecting our state. North Carolina lawmakers have devoted much of their attention in recent years to raising public school teacher pay now. Some lawmakers want to turn their attention to school principals Y. Speaking of schools, North Carolina's new elected Superintendent of Public instruction recently made his first formal presentation to the state Board of Education will hear highlights from those remarks.

So North Carolina legislators are urging their colleagues to take a closer look at the states long-term transportation challenges. Learn why plus will examine a new process set up to review Gov. Roy Cooper's appointments to high level state government jobs. Those topics are just ahead. First, Donna Martinez joins us with the Carolina Journal headline US Court of Appeals Judge Neil Gore said she is president Donald Trump's choice to fill the vacant seat on the US Supreme Court. The 49-year-old Westerner.

He hails from Colorado has clerked for two Supreme Court justices Byron White and Anthony Kennedy.

So what else do we know about the man in the jurist the John Locke foundation's director of legal studies John today is here to talk about that time. Look back to the show me present. Trump had a list of potential nominees for the court that he's chosen Neil Gore section you think this is pretty darn good. I'm really thrilled.

I think it was if I had to pick. He's the one I wanted. I think it is terrific. You want to pick them off of that list.

I think so.

Why well a lot of reasons, but I think the main one as he comes the closest to a judicial philosophy. That is what I would endorse for someone to career would've endorse or did endorse and that's why he make such an ideal replacement. He's strict constructionist in the sense that he believes that we should interpret laws according to what the text says we should interpret the text in the record to its historic understanding, and above all that the law should apply to everybody including the people who are in government. Sounds like he really is in the mold of the man that he would be replacing the man who previously held the seat. The late Antonin Scalia. That's right affect last year I wrote a little update about this was before Donald trumpeted and put them on his list, but I like them for a long time. I wrote about it because of dissent.

He had an important decision when he was on the 10th circuit and I said at the time it was. It was an opinion worthy of Scully, and I still forgot about that about a lot of the other pittance is written.

Yes, your assessment of the folks who spoken out so far it seems to be a pretty popular panic, at least among the folks on the right libertarians and conservatives was no question about factors.

57, probably eight or 10 very positive reviews from different people on our side of the political spectrum was interesting though is is also getting some positive reviews by people on the left that II think that might be kind of unexpected, although once you think about it does make a kind of sense. What is it that they think would be attractive about Neil Gore.

Since the folks on the left.

Well what they've realized suddenly, belatedly, after the election. Donald Trump is that there's actually something to be said for limited constitutional government and for you and impartial rule of law that applies to everybody, even the president so because of that, I think they're starting to see that well if we have to have a new pick on the Supreme Court. That's not going to be a progressive liberal who simply rubberstamp everything a progressive president does it for good. Have to put up with conservative or whatever. However, you would characterize the president is doing things we don't like we need. Maybe it's a good thing to have somewhere in the cordial actually apply the rule of law and insist that the president, regardless of his party abide by the Constitution. John, let's tell a little bit more into this philosophy of Neil Gore section. We've heard him described as an originalist as a textual list as a conservative, how would you explain to someone the approach that a Neil Gore. Such would take well. He's been very explicit about this is one of the things I like about his artist buddies never tried to hide his judicial philosophy. Unlike a lot of ambitious jurors in these days he's been frag about in some of the things is written in what he says is this it's perfectly in order. In fact, it's a good thing for legislators to take their own personal vision for the country into consideration when they write laws that could do it according to their political philosophy of the could do it according to what they think will bring about the greatest good for the greatest number but that's not a judges job judges job job is to impartially apply the law as it's written to do that to everybody regardless of their position in society what you've described their listeners might be thinking.

Will Gina sounds like what any judge should be doing, but the implication is that some judges or justices don't see it that way. Well, they don't. And the fact one of the pillars of progressivism from the very beginning was the Constitution is bad because it's shackles government and keeps her from doing all the good things he could do for the country so ever since the turn of the 20th century, progressive jurors have been taken the position that wrote the Constitution. In fact all laws are really living documents in the meeting could change as is required by the needs of the present.

That's not what a judge like Neil Gore's extensive that's not what I will be a thought here. In fact, it was Athens career more than anybody else who transformed the whole conversation about what the Constitution is and how we should interpret it by raising this point, if we really gotta believe in the rule of law impartially apply that we can't do this thing where we decide the law means whatever we wanted to be at the time we have to go by the laws.

It was written in one of the two justices that Neil Gore such clerked for was Justice Kennedy, who is known to be the person who is many times the swing vote on the Supreme Court. When you think about that relationship between Kennedy and Gore such well, that's going to be very interesting to watch.

Affect is one of the reasons why I feel that quite apart from the fact that he has the right judicial philosophy. No courses was an inspired choice for by the president because when he gets to the court. He's going to have Kennedy here we seem Kennedy go one way, sometimes one way the other. A lot of important decisions but I'm assuming the least. I'm hoping that you'll have a special rapport with Neil Gore such a such that when he's deciding which way to swing is more likely to swing in the right way that he would've done was about nobody else filling Justice Scalia's position. Now I believe you told me that. Also he had written some things where he referred to some of the other justices on the Supreme Court and their writings and you kind of feel like that might help him on the Supreme Court as well. That's right.

Looking forward to seeing how it plays out because he's very much like Athens career. A lot of ways he's he's a brilliant writer and a brilliant scholar and he also has the right judicial philosophy, but he's different in one way Scalia was kind of abrasive, he tended to speak his mind and and to do so in a way that some people find insulting that he could get away with that. Some of the time because he was such a is people like to say a brilliant personality and anyone people over just by that kind of charm but new Gore such as his own, charm. He's a Westerner comes from that faster the country between the Appalachians and the Rocky Mountains and that's where I come from to people out there humble and modest, they don't. They charm people by being courteous and by being welcoming and he showed that in in the law review article he wrote last year based on a lecture he given after Justice Scalia died. It was sort of a eulogy and he was explaining in this lecture, how it was that Athens career had changed the context of judicial interpretation and why he thought that those changes were going to endure even after Justice Gloria past and to do that he did something that I thought was brilliant used as an example, a recent opinion in which Justice Kagan was a liberal justice had written the majority opinion in which Justice Solomon but here who's another level had written the dissent judge Gore such praise. Both of those effusively and what he said was that both an excellent job of applying Athens careers textual approach to judicial interpretation, they come to different decisions, but that showed how important this wasn't how it had become a mainstream way of going about this. What I foresee is when he gets to the Supreme Court's record of doing things like that and he'll continue to do what is going to win friends on a monthly people even on the left-wing side of the court and swing some of them are way too.

That's what I'm hoping anyway we been talking to John to say he is the John Locke foundation's director of legal studies talking about Supreme Court nominee Neil Gore such you can read John's essays and writings about judge Gore six at John.Thorne say when this much more Carolina journaling is just a moment North Carolina lawmakers head back to Raleigh. There's a new governor in town working together or working against each other will make big decisions decisions that affect you, your wallet, your home, your business, your kids education to keep up with those big decisions day by day. Even minute by minute look to Carolina Journal a full team of reporters and analysts there watching the action in the state capital. The reporting minute by minute developments for you Carolina Journal. It's available each month as a free newspaper and every day with updated find us on Facebook to share items from Carolina Journal share items from the John Locke foundation. Follow us on Twitter at Carolina Journal at John Locke in the sea and at Becky Gray Carolina Journal it your go to source for news about state government and how government affects your life. Visit Carolina today. Welcome back Carolina Journal radio why Michiko got North Carolina lawmakers have focused a lot of attention in recent years on raising teacher pay someone to turn now to principles during a recent committee meeting Republican Sen. Jerry Tillman spelled out his approach will total all the money that total almost.

Grace great about as a minimum, we are number 50 out of one for local money no more in their book, virtually nothing. So we got it right this. Sometimes the rig floor so we won't big some of those problems but I would is what we're doing. Not the best way to go about getting the best one the best location over time to do legislative analyst Timothy Dale put forward a proposal to change the current system.

The new pay structure would have several goals retain hop on principal printable before you go to bring pendants with likability to attract and retain quality print will lead to underperforming school.

Love you currently do this already with your local we would want to give more detail with this with state funds as well. There is rewarding printable organ for performance in the last blog confusion associated with the salary schedule.

You heard about how many are principles are currently paid on the picture scale so hopefully the proposal will do a little to reduce some of that complexity. After listing the goals Dale offered some details will happen in the current power schedule for principles and print will be eliminated. The principal average pay would be increased and are getting old work on the pot around 3 to 5% roughly be there providing triple play value and tenant Montessori printable so little bit will go around principles would be based on the dollar allotment system principles would maintain a salary schedule. The previous lot about the question later on about whether this should be old and principal printable in the last total pay Related global problems between your loan well affiliated in your will liaise our local school districts. Dale mentioned bonuses factors might contribute to principal bonuses leadership school test scores of school learning environment on environment appearance and faculty morale. Lawmakers aren't ready to go to the plan, but Sen. Tillman wants to put forward some kind of idea. There's a lot of questions and all of our minds about how best to get the) on the road to turn it around and so the quality is we put the pot of money in your hand and let you determine who love to go to what school turning around we could have a floor sale and we could have a schedule and we could do not legislative is not going to do nothing but I know what kind of principle it takes to run a school and attended school. I know you can find. I know you got and that's the only way to change the school change. The principal, so knowing that nobody will disagree with. Now how we get there is going to be worked out in some budget provision that will come up with.

I had my way, you have it all on your shoulders and you would do it all.

You don't want that. That may be too much to ask nobody in the world is likely to know nobody and you don't get results as you do something different. That was the voice of Sen. Jerry Tillman are joining us now with reaction to these proposals on principal pay is Dr. Terry stoops, the director of research and education studies for the John Locke foundation Terry first of all, is it important for North Carolina to do something about principles pay really is are principles compared to a lot of other states are underpaid and of course they are the individuals that coordinate all the stuff that happens at the school, including ensuring that our teachers are performing up to par, so I think it's really important and were talking about a population that's relatively small compared to the employees that we have state wise overlooking about 5200 principals and assistant principals in a workforce of about hundred and 80,000 Sen. Tillman right that if you really want to see change at the school you're going to have to have good principles in place, I think so. You can certainly have a good teaching workforce in place and really have a school perform well but it always is important to have some sort of leadership that will enable the teachers to perform to the best of their abilities and to be able to provide a stable and orderly environment for kids to learn.

But some of the ideas that were floated at the this recent legislative meeting.

One is take the total pool of money for principles and boosted by somewhere in the neighborhood of 3 to 5% is that seem to make sense. Well, I prefer some of the plans that perhaps give some sort of Meritor incentive pay to principals and assistant principals, and I really do like the idea that was pitched at the meeting that we could have the superintendent. The principles negotiate a salary and then provide a pool of money for some sort of merit or incentive pay for these individuals. I think that would be extremely effective way to ensure that we have the best principals and assistant principals in our schools that this also ties into one of the ideas that was mentioned much more flexibility at the local level and for superintendents to make these decisions. Does that make sense. It really does and I know that there was some talk about ensuring that all the local school systems have an equal amount of supplemental money to provide for these positions, but I would much rather prefer their to be a system where there is much more flexibility for superintendents to be able to provide the salary that they negotiate with the principal and provide them incentives that the principal can meet in order to get additional funds. I think this is a system that's long overdue in North Carolina system that would apply equally well to teachers.

Let's try first with our principals and assistant principals, and go from there.

One of the other principles suss principles P LPS rather than PAL S that was mentioned as part of this process is to reduce the complexity we have a system right now that doesn't make much sense. Yes, and this really is a matter of the fact that it's been around for so long there been so many changes made in the last 20 years to the system.

It's just become complex because of all the changes that have been made in the little tweaks that constantly happen, especially by the Gen. assembly, so I think simplifying the entire system is a fantastic idea and I might be where they should start looking at ways to simplify the system and then to build upon that to ensure that we have the best principals and assistant principals and school. There's been a lot of interest in improving teacher pay in recent years.

Do you sense that there really is an appetite. At this point to do something about principal pay horses going to be a harder rock to push up the hill, that's a fantastic question because like I said in the outset, we we are talking about a very small number of individuals are compared to the old teacher and employee workforce we have in our schools and not only that there is a whole lot of support for raising administrator pay. I mean, we've seen that there are a lot of attempts, especially by the Gen. assembly to reduce the number of administrators we have in our public schools, but these are school-based administrators, not central office administrators there might be more of an appetite to provide additional funds and to change the system of pay for these individuals as opposed to those of the central office Dr. Terry stoops. He is director of research and education studies for the John Locke foundation Terry, thank you thank you a lot more on Carolina journal radio just at the John Locke foundation where leading the effort to clean up the mess left behind by big government liberals for decades. The powerful left in our state had piled on rule after rule, regulation after regulation never really caring about the people whose lives are caught in the nightmare of complying. In other words, you their handiwork had made it tougher to get a job even increase the legal risk of operating a business. We say enough is enough. It's just not fair to you. That's why reform minded lawmakers have turned to the Locke foundation for answers and acted to lighten your burden were proud that our intellectual firepower has improved lives. You can count on the John Locke foundation to watch out for your interest. The special interests. We would be honored to have your help in this fight.

John and make a tax-deductible donation.

Right now the John Locke foundation where fighting for you where fighting for freedom government plays a key role in your life affecting your paycheck the way you educate your kids the way you do business. How can you tell if government is doing a good job making the right choices.

Spending tax dollars wisely. Carolina tackles those questions every day. The John Locke foundation publishes Carolina journal in print each month and on the web each you'll find exclusive investigative reports on topics. No one else is covering what else a rundown of the best new stories, editorials and opinion columns in North Carolina. John Hood's daily Journal new stories and important public and the voices of the newsmakers themselves.

Carolina journal radio in print on the air and on the web. You can find the information you did you know you can now advance freedom and free markets just by shopping with Amazon it's true online shopping is now a great way to support the John Locke foundation just shot using the Amazon smile program and designate the work foundation to receive a portion of your purchase amount that's right you shop and Amazon donates money to ask the John Locke foundation.

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Every day that we don't take bold actions of our students is a data every day you don't take bold actions for the day. Teachers every year that goes by that we don't think actions.

Our students are under is a year lost some of our students for you. Johnson's second guiding principle is state school superintendent ownership. We have a lot of issues and challenges we had yesterday struck me when we watch the video teachers reviewing standards one seizure. This is just confusing all you need to do something about all our students graduating from our school who are not prepared for college. We North Carolina is our job as solutions.

The third guiding principle innovation and invasion leaves the true transformation is Artie spent time talking about great things just yesterday we talked about tools that make easier teachers and students own their own learning.

Our current system is outdated. I will be generous and I'll say this system was designed for students as sated as generous as the system is 1920s students.

1917 1937, 1947, 1997 are 2007 need to ration students now so we will need to be in. That's Mark Johnson, North Carolina's new superintendent of public instruction will return with more Carolina journal rate in a moment. If you love freedom we got great news to share with you now. You can find the latest news, views, and research from conservative groups all across the state. All in one place North Carolina one-stop shopping for North Carolina's freedom movement North Carolina You'll find links to John Locke foundation blogs on the days news Carolina reporting and quick takes Carolina journal radio interviews TV interviews featuring CJ reporters and Locke foundation analyst plus opinion pieces and reports on higher education. All of that from the Pope Center for higher education policy commentary and polling data from the Cintas Institute and news and views from the North Carolina family policy Council. That's right, all of that, all in one place North Carolina that's North Carolina spelled out North Carolina Log on today.

Welcome back to Carolina journal radio hi Michiko guy expected North Carolina lawmakers to spend some time this year talking about the future of transportation projects, state representative John Torbert of Gaston County recently asked colleagues to look ahead based on what were doing today. Does anyone on this committee after the time that we met together think that we can continue going for transportation. The way we are currently without any modification on their side mount one of you feel that way.

So once again we have to put on our 25 year's see what we believe the best of our building for the best that we receive from the smartest people on at the table or in the ring when it comes to transportation and try the best plan not for us but for the people North Carolina people to come in North Carolina over the next 25 to 50 years and it will incorporate all modes of transportation representative Alan McNeil of Randolph County shared his concerns about the future projections and everything like that in it concerns me because I see us a lot of counties here. They are to lose population and is a lot of counties that are going to have very little or no growth in us a lot of love cameras and all that have growth and my concern is is as we move forward if we just ignore these counties that are projecting the lose population, then the relevant population because we don't build the roads and the church would I put it there and and they are going to migrate to these counties that are projected to grow because all the roads in and put all the money there.

Corbett responded.

The key here is connectivity and we can provide that Connectivity then we also provide an opportunity for job growth, no matter where you are North Carolina and Ashley said numerous times.

It is not. This part of this is not really an servant is not discounting and set counties. Not this rage against that region of this out-of-state gives access one North Carolina gives the other 49 and were coming after him and that's what we can do that to improve the overall economic status of one of the state. The other of the state is connectivity of our transportation network addressing all modes for next 25 to 50 years if you got another idea for you but has another idea that can provide that much opportunity for growth other than transportation connection please bring it forward will will will throw it out there. I don't think there's anything else out there in my humble Blake off one of the state as y'all have to govern the state. There's not one other opportunity this day to absolutely explode economically unless we can till after we get this question network moving forward and we have in my guess about 10 years get that really really going for really only slammed if we don't that's Republican state representative John Torbert of Gaston County. He's talking about the future of transportation projects in North Carolina. Torbert mentioned a key idea.

He plans to pursue like to see us entertained the idea of incorporating megaprojects megaprojects. Remember those projects that that have estate or at least a region impact personally, I like to see them fall along the lines of current roads that we have represented that you guys in the way of a map that was dated 1951 and the reason I say that is because if we focus pretty much a most main highways thoroughfares and Quarter Horse that cut through the state prior to the Eisenhower interstate system and will be a huge savings for dollars based on what you would have to go to brand-new right-of-way acquisitions, you wouldn't have to boutonniere the environmental impacts as you would on entirely new road so there's a lot of bonuses and at the same time provides connectivity to those places that we we call rural today, but it's North Carolina provides that connectivity to their son.

A lot of those areas by way of of connectors and giving them those those names and like to connect with other areas around themselves, as well as major metropolitans and at the same time. It's an economic driver because now you're reopening. If you would a new core door which is the old quarter work for economic growth and development. At the same time offloading traffic off the major Eisenhower interstate systems. Most rotors talk about one in very close proximity and either parallel or in conjunction with the interstate system, and they traverse pretty much every quadrant of the state about the North East West and South Corbett says the megaprojects concept also could affect the northeastern part of the state you heard a lot of talk about the connectors going to the Norfolk area from the northeastern North Carolina would look at that segment of North Carolina and found out that there's jokingly signed is no way to get there from here, not really meaning that they are part North Carolina but the best connectivity to have economic growth and potential for additional economic growth is connectivity to Chesapeake, Norfolk area of Virginia Beach area so one is megaprojects very well may end up being that that data interstate designated for that area. I 95. We talked about and to develop funding mechanisms and and in places that we could plug in and get these projects on the books and get them going and then stack them off the pile and move on. Corbett brought up a controversial topic. We also talked normal UCT were here telling we all know that we have no intent of holding any current capacity, but if tolling is put in place it can only be put in place if you provide new capacity through telling snowbirds. If you have a two line, you can't tell it tonight you will be told if you added one or more lines to it. So what is free stays free is not free would be new access. One of Torbert's ideas would affect local governments that want to beef up their local transportation systems also asked staff that we look at how we currently operate the infrastructure bank inside of transportation and to expand access for that and will be looking for a funding mechanism for that as well so that would be pretty much relegated to your counties or municipals coming to the state for perhaps low-interest loans to this infrastructure bank, tossing all that back-and-forth right now to aid and assist in economic growth there as well and and the positive buildout of our network for both metropolitan in the areas that attached to the says plans need to address transportation needs across the state. So were looking at connecting our rules were looking at connecting our outliers metropolitan were looking at providing also the future of transportation for metropolitans.

I am a believer in autonomous vehicles been doing it for a long time but I don't think it's going to be the panacea or the answer.

It's not going to be, as we said numerous times you can't widen the road in most metropolitan areas and or Chronicles. I got buildings on both sides of.

We understand that so there has to be another way to get people moving. We need that today some would say yes, some would say no, but here we will meet at 2025 years now what that is is what were trying to come up with and how do we get there and had a parent how to plunk the pass today so we are there and not lagging behind, but also thinks transportation planning needs to get special attention. One of my favorite sayings in government is a blue-ribbon panel expert Todd for the next in room to take what we can grind it out and figure out what we want to do for funding for future transportation. We got all the Intel we've received all the data and now we need to push it out in this committee or this blue-ribbon panel would be members of the Gen. assembly as well as general public, business and industry finance. That's state representative John Torbert, a legislative leader on transportation issues. He's talking about ideas lawmakers could pursue to address long-term transportation. He will return with more Carolina journal radio in a moment at the John Locke foundation where leading the effort to clean up the mess left behind by big government liberals for decades.

The powerful left in our state had piled on rule after rule, regulation after regulation never really caring about the people whose lives are caught in the nightmare of complying.

In other words, you their handiwork had made it tougher to get a job even increase the legal risk of operating a business. We say enough is enough. It's just not fair to you. That's why reform minded lawmakers have turned to the Locke foundation for answers and acted to lighten your burden were proud that our intellectual firepower has improved lives. You can count on the John Locke foundation to watch out for your interest.

The special interests. We would be honored to have your help in this fight. John and make a tax-deductible donation. Right now the John Locke foundation where fighting for you where fighting for freedom, welcome back to Carolina journal radio Donna Martinez, Gov. Roy Cooper's cabinet nominees must be confirmed by the North Carolina Senate.

That action codified by a law passed by the Republican-led Gen. assembly in late December, but Democrats are challenging the law which they say violates the North Carolina Constitution evens out the Gen. assembly is moving forward with the confirmation plan. Rick Henderson is editor-in-chief of Carolina journal. He's been following the story and joins me now. Thank you so do I have this right, that this is new.

In practice, but the Republicans are saying that this is provided for in the Constitution.

It's clearly stated in the Constitution that cabinet level. It doesn't use that term is basically senior-level appointments are will go through with the advice and consent of the state Senate now this is something that has never been enforced before. Some speculate this because up until the 90s the governor's office was so weak that basically Gen. assembly just didn't bother me very much of the cabinet level boys could do a lot of damage and so they have almost as a sympathy not required confirmation but that all changed with the law passed in late December and when you say the governor's office was was weaker talking matching the powers of the governor, not any particular person who occupied very weak. It had no veto power until the 1990s I believe there was no ability for governor to serve more than one term until the 1970s and many of the powers and authority still remain in the hands the Gen. assembly. Essentially all the Constitution requires the governor to do is to submit a budget and to no end to the community. It was general simply that Juliet now governor Cooper says no, he doesn't see it this way. There is a legal challenge to this and as you and I are speaking out legal challenges underway as a possible to actually defy this in any way. One thing that he could do. He is he is appointed interim heads of all these cabinet level agencies and it's possible that he would say that none of these cabinet appointments will actually participate in the process that when the nomination process goes forward and the committee wants to get information governor is not provided. Now we are familiar Minneapolis with what goes on at the federal level when it comes to well and impending Supreme Court nominee. For example, I will be before the U.S. Senate's work in North Carolina. Sort of what will happen will be will be an additional step in North Carolina. What happens as there is standing there is a standing nominations committee which will receive the names of the people. These are names are now known people who were up for the cabinet level offices. They will then do what the state ethics commission typically is done is make sure there are no conflicts of interest that should if there any specific qualifications for a job that the candidate has those and then once those hurdles are crossed, then the nominating committee will send that nomination forward to the relevant policy committees and for example, Sec. of Health and Human Services designate would go to the healthcare committee.

These transportation nominee would go to the transportation click yes or think at that point, the committee would then decide if he wants to hold a hearing if it wants to seek testimony. It will be up that committee to do so. The committee may just simply say we we we say we refer this favorably then it goes back to the nominations committee, which then will decide if it wants us in the nomination floor less the difference is that what's in the US Congress and U.S. Senate. Once the nominee has gone through the relevant committees.

The policy level than that nomination either go straight to the floor or its refer to give it a unfavorable referral or whatever, but here there's actually goes back to the original nominations committee which could serve as is a graveyard for some nominations, conceivably.

So not necessarily will there be people sitting before sitting at a table before a lineup of general assembly and Senate members. That's right. But although in some cases. I'm sure this can happen, but it may not be us necessarily so because typically in the past you have people on various boards and commissions that do receive the confirmation of the Gen. assembly but this doesn't usually involve any contract interviews in public, which is what the process were talking about now probably would Rick.

I seem to recall that before governor Cooper named all of these folks that he is nominating to these cabinet level positions that there was little bit of reporting around the state that there were some folks who were approached by the governor's office to head an agency and they backed away because of this process right they they for various reasons.

Decided to subject themselves to actually to the process of the confirmation hearing. We don't know who those people were of course but but that's possible that's the case. If you have people who want to subject themselves that or there's always a possibility the person might be a bit of a lightning rod and might be someone who might not be confirmed. And so that person might have an actual job. The is not easy to take leave of absence from this person may say no I don't want to sit as the acting head of this agency for a period of several weeks or a couple months and then only to know that I'm not going to get the job that I don't have anything to go back to fall back on used an interesting phrase lightning rods.

Let's talk about some of these folks are there any lightning rods on this list of fun nominee so that there there are two in particular, than this one is possible that one that's most likely to cause a big stink is Michael Regan who is the designated to the head of the Department of environmental quality. He is someone who is associated with the environmental Defense fund also has been involved in all sorts of environmental activist policies and since different years and years and he someone who philosophically would likely try to turn back.

A lot of the regulatory reforms and a lot of the streamlining and pro-market sorts of developments that have taken place in that department under Gov. Pat and he sounds like his views would be quite different from the person who held this job. Most recently, under Gov. Pat McCrory and Don Vandemark right that's correct on the end of art is someone who was unusual in that he actually was someone who is a career employee of the department who rose up through the ranks and eventually became the head of the department and then he went back to being a regular line employee if you will. Afterwards, although it's not exactly clear he's going to stay around after after this confirmation process is over whoever's proved to be the final head of the department so that the nominee Michael Regan for Department of environmental quality. Now you also mention HHS Dr. Mandy Cohen has been nominated by Gov. Roy Cooper to lead that department. Why is Dr. Cohen controversy, she headed was the chief operating officer of the Center for Medicare and Medicaid services in Washington DC, which is the federal agency that oversees Medicaid and governor Cooper of course has tried to speed through a rapid expansion of the Medicaid program under the affordable care act, something that was that is was declared illegal by the Gen. assembly in 2013 and she received the nomination to this position of the appointment to this position about the same day the governor Cooper put forth his plan to amend the Medicaid plan proposal. So looks like a quid pro quo because she also has no other connections in North Carolina whatsoever is not as if she someone who is a careerist in Health and Human Services or someone who has run hospitals and health services here in the state you so what is a complete Rick.

I know that as this goes forward. Carolina journaling Carolina will be reporting on any of these hearings, or perhaps a biographical information about these different nominees to be covering the hearings themselves, and then if there are any rejections writing like that will certainly report on that Mike, the successor state colonies. That means folks you need to check in with Carolina several times a day and also I follow Carolina journal on Twitter that is Carolina journal. Also Rick your Twitter handle is at deregulated, and if you do that and of course at John Locke in see and be able to keep up-to-date on all of these nominees for cabinet positions under Gov. Anderson very much. Thank you all the time we have for the program this week. Thank you for listening on behalf of my cohost Mitch. Okay I'm writing this hope back again next week for another edition. Carolina journal radio Carolina journal radio is a program of the John learn more about the job on donations support programs like Carolina journal radio sending email to development. John 1866166554636 airline is on this program nearly done airline sponsored radio

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