AG/RESTRICT CHALLENGE TO PRESIDENTIAL EOS.

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View NCGA Bill Details2025-2026 Session
Senate Bill 58 (Public) Filed Wednesday, February 5, 2025
AN ACT TO LIMIT THE ATTORNEY GENERAL'S PARTICIPATION IN LITIGATION THAT WOULD RESULT IN THE INVALIDATION OF ANY EXECUTIVE ORDER ISSUED BY THE PRESIDENT OF THE UNITED STATES.
Intro. by Settle, Hanig, Moffitt.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Mar 13 2025)

SOG comments (2):

Identical bill

Identical to H 72, filed 2/10/25.

Long title change

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO LIMIT THE ATTORNEY GENERAL'S PARTICIPATION IN LITIGATION ADVANCING ANY ARGUMENT THAT WOULD RESULT IN THE INVALIDATION OF ANY EXECUTIVE ORDER ISSUED BY THE PRESIDENT OF THE UNITED STATES.

S 58

Bill Summaries:

  • Summary date: Mar 11 2025 - View Summary

    Senate amendment to the 2nd edition makes the following changes. Adds the requirement that the Attorney General report by June 1, 2025, to the specified NCGA committee on: (1) how many convictions for violations of GS 14-277 (impersonation of a law-enforcement or other public officer) have been obtained from January 1, 2021, through March 1, 2025, and (2) how many of those convictions were based on the defendant's impersonation of an agent of the Immigration and Customs Enforcement of the US Department of Homeland Security. Requires the Attorney General to request the required information and coordinate the required response by requesting information from all necessary parties, including the specified entities. Makes conforming changes to the act's long title. 


  • Summary date: Feb 26 2025 - View Summary

    Senate committee substitute to the 1st edition makes the following changes. Adds to the types of actions the Attorney General is prohibited from taking under GS 114-2.8 to include filing an action that would result in the invalidation of an executive order issued by the President of the United States.  Makes organizational changes and changes the act's long title. 


  • Summary date: Feb 5 2025 - View Summary

    Expands the legal proceedings the Attorney General is barred from participating in under GS 114-2.8 to include challenges that would invalidate an executive order issued by the President of the United States.  Changes statutory caption to limit participation in certain litigation (currently, limits participation in foreign litigation).