Full Breakdown
North Carolina Supreme Court Justice Phil Berger Jr. Announces He Won’t Seek Reelection
9/4/2026, 1:04:02 AM
Core Announcement
Associate Justice Phil Berger Jr., a Republican elected to an eight-year term in 2020, said he will not run for reelection to his associate-justice seat in the 2028 North Carolina Supreme Court election. The decision leaves open the possibility of a future campaign for chief justice, a position that is elected by voters rather than appointed.
Background & Context
Berger Jr. joined the court in 2021 when Democrats held a 4-3 majority. His election was part of a GOP wave that secured control of the court in 2023, giving Republicans a 5-2 advantage. The court’s three seats up for election in 2028—including Berger Jr.’s and Chief Justice Paul Newby’s—are currently held by Republicans. In 2023 the Republican-led General Assembly raised the mandatory judicial retirement age from 72 to 76, allowing Newby to serve another term despite reaching the former limit. Berger Jr.’s father, longtime Senate president pro tempore Phil Berger Sr., lost his primary in March 2024 and will leave the legislature at the end of the year.
Official Statements & Responses
In a statement posted to social media, Berger Jr. explained that family discussions led to his decision not to seek another term. He emphasized his continued commitment to the law and to North Carolina residents, while declining to detail any specific future role. The court’s Code of Judicial Conduct restricts sitting judges from endorsing candidates unless they themselves are running, so Berger Jr. has not pledged support for any upcoming judicial races.
Criticism & Opposition
During his tenure, Berger Jr. faced calls from Democrats and other critics to recuse himself from cases involving the General Assembly when his father was a named defendant. He declined, arguing that voters were aware of the familial connection and that his father’s involvement stemmed from official duties. Additionally, a 2022 campaign-finance complaint alleged that Berger Jr. and other Republican officials improperly used campaign funds to support a political action committee backing Republican judicial candidates; Berger Jr. has not addressed the allegation publicly.
Why It Matters
Berger Jr.’s exit creates a pivotal opening in the 2028 election, a contest that could determine partisan control of the state’s highest court ahead of the 2030 Census and subsequent redistricting battles. If Democrats capture any of the three Republican-held seats, they could shift the court’s balance and influence future map-drawing decisions. The uncertainty surrounding Berger Jr.’s potential chief-justice bid adds another strategic dimension for both parties as they plan campaign investments.
Verbatim Quotes
- “After talking with my family, I have decided that I will not seek reelection to my seat as Associate Justice on the Supreme Court of North Carolina,” — Court Justice Phil Berger
- “As for what comes next, I am giving serious thought to other ways I might serve the people of this state,” — Court Justice Phil Berger
- “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,” — Berger Jr
- “I am looking at other ways I can serve the state of North Carolina and the law.” — Court Justice Phil Berger
