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North Carolina's new Democratic governor and majority Republican legislature are charging at each other in a constitutional game of chicken over their powers, a confrontation that could shape the recent conservative direction of state policies and spending.

The confrontation continues Tuesday, when the two branches of state government appear for a court hearing before the third. A panel of three trial judges will gather in Raleigh to hear lawyers for Gov. Roy Cooper dispute attorneys for the state House and Senate leaders over whether new laws are constitutional.

"This is a fight that involves really the three branches of government. It's one of a series of possible contests that we can see as the governor serves his term in office about who is going to make what decisions," High Point University political scientist Martin Kifer said. "It also has to do with the pace of policymaking. This isn't speeding things up."

GOP lawmakers passed several provisions that reduced the incoming governor's powers during a surprise special legislative session two weeks before Cooper took office Jan. 1. The laws:

— require Cooper's choices to run 10 state agencies to be approved by the GOP-led Senate.

— strip Cooper's control over administering elections and gives Republicans control over state and local elections boards during even-numbered years when elections for major statewide and national office are held.

— slash Cooper's patronage hiring discretion and gives civil service protections to hundreds of political appointees hired by former Republican Gov. Pat McCrory, who narrowly lost to Cooper last fall.

Cooper might not like the increasing number of limits Republicans impose, but he'd better get used to it, attorneys for legislative leaders said in a court filing. The state's constitution and legal precedents have created one of the country's weakest governors, and makes the General Assembly the dominant branch, attorneys for state House Speaker Tim Moore and Senate leader Phil Berger wrote.



The California Supreme Court on Monday said petitioners seeking to remove a subset of coho salmon from the state's endangered species list could present new evidence to argue the listing was wrong.

In a unanimous ruling, the court overturned a lower court decision that said efforts to remove the salmon and other species could only argue that the listing was no longer necessary.

The high court decision came in a lawsuit by Big Creek Lumber Co. and the Central Coast Forest Association, which includes forest landowners. They filed a petition to remove a subset of coho salmon from the state's endangered species list, arguing that the listing was wrong because the fish were not native to the area and were introduced and maintained there artificially using hatcheries.

The fight was over coho salmon in streams south of San Francisco. The Fish and Game Commission listed those salmon as endangered in 1995.

Environmental groups were keeping a close eye on the case to see whether the court would rule on the native species argument. It did not do that and instead sent the case back to the appeals court for that determination.

"We don't accept that they are not native fish just because they are hatchery raised," said Lisa Belenky, a senior attorney at the Center for Biological Diversity, which filed a brief in the case.




The state Supreme Court will hear arguments over the constitutionality of an Ohio student's backpack search that authorities say led first to the discovery of bullets and later a gun.

At issue before the high court is whether a second search of the backpack violated the student's privacy rights, which are generally weaker inside school walls.

The court scheduled arguments for Wednesday morning. Prosecutors in Franklin County appealed after two lower courts tossed out the evidence because of the second search.

A security official at a Columbus city high school searched the backpack in 2013 after it was found on a bus. The official conducted a second search after he recalled the student had alleged gang ties. That search led to finding a gun on the student.

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