North Carolina Supreme Court Justice Phil Berger Jr., a Republican, announced Thursday that he would not seek reelection in 2028.
In a statement released on social media, Berger Jr. said he will serve out the remainder of his term and hinted that he may have plans to seek a different office.
“As for what comes next, I am giving serious thought to other ways I might serve the people of this state,” he wrote. “I am not prepared to say more at this time, except that my commitment to North Carolina and the law does not end with this term.”
Berger Jr. has served on the Supreme Court since 2021. Prior to that, he served as a judge on the state Court of Appeals and as a district attorney.
His time on the high court has primarily been spent in the majority, with Republicans flipping partisan control after the 2022 elections. Since then, the court has consistently ruled in favor of the Republican-controlled legislature as it has sought to strip power from Democratic governors.
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Berger Jr. is also the son of Senate leader Phil Berger, one of the most powerful figures in North Carolina politics. In several cases directly involving his father, Berger Jr. has not recused himself from deliberations — including challenges to laws which would have taken power from the governor and given it to Berger.
Recently, Berger Jr. made news after proposing a change to the rules governing ethical conduct for North Carolina judges.
He suggested that the state loosen rules that restrict judges from speaking politically in public — policies which are intended to maintain the image of impartiality among the judicial branch.
“My preference would be that judges and justices refrain from discussion of political issues,” he wrote in May. “But as it stands, the subjective nature of policing political speech invites uneven enforcement and weaponization of the process.”
With Berger Jr. opting not to run for reelection as associate justice, Republicans will need to find a new candidate in 2028 as they seek to hold their majority. Three Republican-held seats will be up for grabs, including that of Chief Justice Paul Newby — enough for Democrats to regain control if they can pull off a sweep.
Newby will be ineligible to run for reelection in 2028 due to the state’s mandatory retirement age of 76. Justice Tamara Barringer will also be up for reelection.
This year, Justice Anita Earls, one of only two Democrats on the seven-member court, is running for reelection against Sarah Stevens, a former Republican state lawmaker.
