On Tuesday, August 27, 2024, The News & Observer published an article covering a recent controversy involving the North Carolina Supreme Court.
The article discussed how in a 5-2 decision, the Court denied Governor Cooper’s request for Justice Philip Berger Jr. to recuse himself from hearing two cases, one of which involved a challenge to a law shifting control over state elections from the governor to legislative leaders like Senator Philip Berger Sr., who is Justice Berger’s father. According to the article, this decision reinforced criticisms that the Court has become politically polarized along party lines since Republicans gained a majority in 2022.
In refusing the recusal, the four remaining Republican justices argued that Senator Berger was only named in the lawsuit in his official capacity as legislative leader, not as Justice Berger’s father. However, the article noted this claim was implausible given the Senator’s long tenure and control over the Republican caucus. It also noted he had aggressively sought to limit executive power when there was a Republican governor.
The dissenting opinion from Democratic Justice Allison Riggs pointed out that the state’s Code of Judicial Conduct mandates recusal when a judge’s impartiality could reasonably be questioned, including in cases involving relatives. She said the code clearly settled the issue without needing to discuss violations of due process rights.
In conclusion, the article stated that the majority decision removed any appearance of fairness from the Court’s handling of the case. This decision will likely further debate the body’s perceived politicization since control shifted to a Republican majority in the 2022 election cycle.
Source: The News & Observe
