A new bill filed by State Rep. Ben T. Moss Jr. seeks to restrict the attorney general from participating in legal actions challenging presidential executive orders and state statutes, according to the North Carolina State House.
The bill, filed as HB 72 on Feb. 10 during the 2025 regular session, was formally listed with the short title: ‘AG/Restrict Challenge to Presidential EOs.’
The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.
In essence, this bill amends North Carolina law to prohibit the state’s attorney general from participating in legal actions, either as a party, amicus, or in any other role, that aim to invalidate executive orders issued by the President of the United States. This restriction applies to litigation occurring in state or federal courts in other states. The bill also reaffirms the existing restriction on the attorney general’s participation in actions challenging statutes enacted by the North Carolina General Assembly. It becomes effective immediately upon enactment and applies to all relevant actions filed or commenced thereafter.
A related bill, SB 58, was also filed in the North Carolina Senate, introduced by Sen. Eddie D. Settle (and two others) on Feb. 5, 2025.
Of the four sponsors of this bill, Keith Kidwell proposed the most bills (13) during the 2025 regular session.
Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.
You can read more about the bills and other measures here.
Moss, a Republican, was elected to the North Carolina State House in 2023 to represent the state’s 52nd House district, replacing previous state representative Jamie Boles.
| Authors | Bill Number | Date Filed | Title |
|---|---|---|---|
| Ben T. Moss, Jr., Blair Eddins, Keith Kidwell, and Wyatt Gable | HB 72 | 02/10/2025 | AG/Restrict Challenge to Presidential EOs. |
| Ben T. Moss, Jr., Bill Ward, and Keith Kidwell | HB 73 | 02/10/2025 | Energy Security Act of 2025. |
| Ben T. Moss, Jr., Bill Ward, Diane Wheatley, and Keith Kidwell | HB 85 | 02/10/2025 | Removal of Precinct Officials. |
| Ben T. Moss, Jr., Diane Wheatley, Jay Adams, and Keith Kidwell | HB 95 | 02/10/2025 | Threaten Elected Official/Increase Punishment. |
| Ben T. Moss, Jr. and Cody Huneycutt | HB 71 | 02/06/2025 | Respiratory Care Modernization Act. |
| Ben T. Moss, Jr., Bill Ward, Joseph Pike, and Keith Kidwell | HB 16 | 01/29/2025 | General Assembly: In God We Trust – Display. |
| Ben T. Moss, Jr., Brian Echevarria, Jay Adams, and Keith Kidwell | HB 5 | 01/29/2025 | NC Constitutional Carry Act. |
| Ben T. Moss, Jr., Celeste C. Cairns, David Willis, and Keith Kidwell | HB 7 | 01/29/2025 | NC REACH Act. |
| Ben T. Moss, Jr., Jeffrey C. McNeely, Joseph Pike, and Keith Kidwell | HB 9 | 01/29/2025 | Firearm Discharge/Preempt Local Ordinance. |
