The Longleaf Politics Podcast is back after an eight-year hiatus — and we’re coming in hot with an episode that starts with the nerdiest fight in Raleigh that actually matters — about who really runs the executive branch.
For the relaunch episode, I sat down with Mitch Kokai, senior political analyst at the John Locke Foundation, to talk about the constitutional tug-of-war between separation-of-powers lawsuits and the General Assembly’s constant effort to reshape appointment power when the executive offices change hands.
If we’re finally getting to a resolution on what the courts will allow, what does that mean for future elections?
What’s in this episode
1) The courts may be drawing a clearer line on appointment power
In recent Court of Appeals-level decisions, courts seem more comfortable when appointment authority moves within the executive branch — from the governor to another Council of State official — rather than to the legislature itself. Kokai largely agrees that’s the direction of recent rulings (even as he warns lawsuits aren’t going away).
If the legislature can keep handing more authority to Council of State offices, that changes incentives. We talk about whether parties will start competing harder for positions they’ve ignored for years.
This leads to a fascinating “does it pass the smell test?” conversation about the State Board of Elections — including the political weirdness of placing it under offices where it doesn’t naturally “fit.”
2) A sleeper ruling that could change judicial vacancies for years
We dig into a Court of Appeals ruling upholding new restrictions on how a governor fills a statewide judicial vacancy — specifically tied to Senate Bill 382 (from 2024).
If a judge was elected with a partisan label, the law requires the governor to appoint from a list of three names provided by that political party’s leaders. Mitch notes Cooper (and later Stein) challenged it — and the Court of Appeals said the restriction was fine, hinging on what constitutional “silence” allows the legislature to do.
3) The “unaffiliated” wave and why parties won’t just accept it
Later in the conversation, we talk about Republicans overtaking Democrats in party registration — though unaffiliated voters keep on gaining share. We walk through a thought experiment. What happens if an overwhelming majority of voters are unaffiliated? What does that do to party control, primary elections, and the incentive to write election rules that protect your side?
4) The potential big Congressional surprise
We end by talking about the 11th Congressional District and why it’s all of a sudden become more competitive than people assume.
Watch or listen
Besides the player above, you can watch the full episode on YouTube, and you can listen on all the major podcast platforms (including Apple Podcasts, Spotify, and anywhere else you get your shows).
If you want to be a future guest, I’m lining these up regularly — so shoot me a note. And become a premium subscriber if you want these delivered to your inbox.
