Associate Justice
Supreme Court
Republican
Started: January 2019
From: Danville, VA
53 Years Old
J.D., Wake Forest University School of Law (1999)
Pre-Judicial Career
Elected District Attorney, Rockingham County (17A Prosecutorial District), 2007–2014 (re-elected 2010); President, NC Conference of District Attorneys (2013–14); Administrative Law Judge, NC Office of Administrative Hearings (2015–16); Judge, NC Court of Appeals (2017–2020). Son of NC Senate President Pro Tem Phil Berger Sr.
On Redistricting
Berger joined the 5-2 majority in Harper v. Hall (2023) holding partisan gerrymandering claims are nonjusticiable. He declined to recuse despite calls from voting rights groups citing his father’s role as Senate President Pro Tem and a named legislative defendant.
(Source: Harper v. Hall, 413PA21-2 (N.C. Apr. 28, 2023))
On Voting & Democracy
Berger joined the majority in Holmes v. Moore (2023) reinstating SB 824 voter ID. At oral argument he asked about severance from prior unconstitutional voter ID law: “At what point is there a severance of that line? I think of it like fruit of the poisonous tree. At what point is the taint removed such that this legislation… could be passed by the legislature?” He also joined Community Success Initiative v. Moore (2023) upholding felony disenfranchisement.
(Source: Holmes v. Moore (N.C. 2023); oral argument transcript March 2023)
On Criminal Justice
Former Rockingham County DA and chair of Project SAFE (focused-deterrence anti-gang/recidivism program). Berger authored State v. Swindell (2022) addressing jury instructions on justification as a defense to possession of a firearm by a felon. His record generally favors law enforcement and prosecutorial discretion.
(Source: State v. Swindell, 382 N.C. 602 (2022); Berger biographical materials)
On Environmental Justice
Earls stated in her own words: “I returned to North Carolina in 2003 to serve as Director of Advocacy at the UNC Center for Civil Rights, where I represented predominantly African-American communities in voting rights and environmental justice matters.” At Southern Coalition for Social Justice, she has said “voting rights, youth justice, and environmental justice also are focus areas.”
(Source: Earls professional biography; Southern Coalition for Social Justice public statements)
On Education Access
Berger concurred in the result in the 2026 Hoke County (Leandro) decision but wrote separately to argue the majority did not go far enough. He wrote: “One could read the lead opinion and walk away believing that litigation designed to usurp the legislature’s exclusive power over education funding is finally laid to rest. But before the ink is dry on this decision, countless lawsuits over education policy and funding will be filed across North Carolina because the lead opinion leaves the reasoning of Hoke III untouched.”
(Source: Hoke County Bd. of Educ. v. State, Berger concurrence (N.C. Apr. 2, 2026))
