It's a victory for the people and limited government. That's how I'd describe today's order by Wake County Superior Count Judge Robert Hobgood who said Gov. Perdue cannot appoint a separate executive to run the state's schools apart from the State Superintendent of Public Instruction, a consitutional officer of the state and duly elected by the people (See:coverage). The order, which will likely be appealed by the State, raises the question whether Bill Harrison will stay on in his job or whether Harrison's duties will now focus primarily on the State Board of Education. Those answers may take months to figure out and may also be preempted by further actions by the courts.
I applaud our friends at the North Carolina Institute on Constitutional Law (NCICL), who represented Superintendent Atkinson, on all their good work! The NCICL web site has links to Judge Hobgood's order as well as news releases on the story.