In a statement posted to social media Thursday, North Carolina Supreme Court Associate Justice Phil Berger Jr. said he will not seek reelection to his seat in the 2028 cycle. The Republican jurist, who was elected to an eight‑year term in 2020, indicated he is “giving serious thought to other ways I might serve the people of this state,” hinting at a potential run for chief justice.
Implications for the 2028 Judicial Election
The announcement comes as the state prepares for a consequential 2028 election that will decide three of the seven seats on the Supreme Court, including the chief justice post currently held by Republican Chief Justice Paul Newby. Newby, 73, would reach North Carolina’s mandatory judicial retirement age of 76 during another eight‑year term, but a 2023 legislative change raised the retirement age from 72 to 76, allowing him to serve the full term.
Republicans presently hold a 5‑2 majority on the court, and all three seats up for election in 2028 are held by Republicans. If Democrats were to flip those seats, they could regain control of the high court ahead of the 2030 Census and the ensuing redistricting battles that will shape the state’s political map for a decade.
Berger’s Judicial Record and Family Ties
Berger joined the Supreme Court in 2021, when Democrats held a 4‑3 majority. He was part of the GOP wave that swept every statewide judicial race in 2020 and 2022, delivering a Republican majority in 2023. His tenure has not been without controversy. Critics argued that cases involving the General Assembly presented a conflict of interest because his father, longtime Senate President Pro Tempore Phil Berger Sr., was a named defendant in his official capacity. Berger Jr. declined to recuse himself, asserting that his father’s involvement stemmed from his official role and that voters were aware of the relationship.
In 2022, the then‑Democratic‑majority court ruled that individual justices decide whether to recuse themselves. Berger continued to sit on the cases, stating, “More than 2.7 million North Carolinians, knowing or at least having information available to them concerning my father’s service in the legislature, elected me to consider and resolve significant constitutional questions like the one at issue here.”
Potential Chief Justice Run and Political Landscape
While Berger has not confirmed a bid for chief justice, his decision not to run for associate justice removes a potential incumbent advantage for the Republican slate. The chief justice in North Carolina is elected by voters, unlike many jurisdictions where the role is assigned by seniority. This makes the 2028 race especially strategic for both parties.
Berger also faced a 2022 campaign‑finance complaint alleging improper use of campaign funds to support a political action committee backing Republican judicial candidates. No final determination has been reported.
What Comes Next
Berger thanked North Carolinians for their trust, saying, “It is a privilege to serve you, and I hope to continue doing so.” He did not provide a timeline for any future announcement.
The upcoming election will test the durability of the Republican majority on the court and could reshape the legal landscape that influences everything from redistricting to voting rights. As the state’s highest court prepares for a new lineup, voters and parties alike will watch closely for Berger’s next move.
Original reporting: WRAL Raleigh — read the source article.
