Justice Phil Berger, Jr.

Justice Phil Berger, Jr. Associate Justice - Supreme Court of North Carolina. Candidate for re-election in 2028.

Constitution Day commemorates the signing of the U.S. Constitution in 1787. The document laidthe foundation for our gove...
09/17/2024

Constitution Day commemorates the signing of the U.S. Constitution in 1787. The document laid
the foundation for our government, and while many states quickly ratified the Constitution,
North Carolina initially refused to do so. The decision was pivotal to the development of the Bill of Rights, and North Carolina’s insistence on the protection of individual liberties shaped the
course of our country’s history.

The new Constitution was a sharp departure from the weak Articles of Confederation, and Anti-Federalists widely criticized the document for what it lacked: an explicit guarantee of individual rights. North Carolina, in particular, was among the states that found this omission unacceptable.

North Carolina’s Anti-Federalists, including Willie Jones and Timothy Bloodworth, argued that
the Constitution gave too much power to the federal government and left citizens vulnerable to a centralized government that had, in their view, broad and unchecked powers. While Anti-
Federalists in other states expressed similar concerns, North Carolina took a firm and principled stand.

At the Hillsborough Convention, North Carolina delegates voted overwhelmingly not to ratify
the Constitution until protections for individual liberty were added. In doing so, North Carolina
was able to exert real pressure on the Federalists to address these concerns.

In response to this growing pressure, James Madison, who initially was skeptical of the need for a bill of rights, conceded and drafted a series of proposed amendments which would later
become known as the Bill of Rights. In 1789, Congress moved forward with the proposed
amendments, and North Carolina’s objections were resolved. North Carolina finally ratified the
Constitution on November 21, 1789, becoming the 12th state to do so.

08/21/2024

Imagine needing legal assistance in a child support case or trying to settle a relative’s estate only to find that the handful of lawyers in your town are unable to help. In North Carolina, this is the reality for nearly half of our counties. Many locations in our state have been designated as leg...

05/25/2024
The ABA gets it right on alternative licensure.
05/21/2024

The ABA gets it right on alternative licensure.

The council of the ABA Section of Legal Education and Admissions to the Bar on Friday approved a policy shift that now allows states to use methods of licensure beyond the bar exam. (Image from Shutterstock)

The Independence Fund and Tim Kennedy promoted Check the Box and the Veterans’ Justice Initative at an event in the NC S...
05/18/2024

The Independence Fund and Tim Kennedy promoted Check the Box and the Veterans’ Justice Initative at an event in the NC Supreme Court. Thanks to the NC State Bar Journal for this article in their Summer 2024 edition -

https://www.ncbar.gov/media/730791/journal-29-2.pdf

Happy Halloween - Below is a story about the “Death Portrait” of Justice Dillard from the halls of the NC Supreme Court.
10/31/2023

Happy Halloween - Below is a story about the “Death Portrait” of Justice Dillard from the halls of the NC Supreme Court.

Just outside the Supreme Court of North Carolina's courtroom hangs the portrait of Justice John Henry Dillard. This portrait always gets a second look from v...

10/18/2023

Philip Berger is a Judge, and son of the President Pro Tempore of the North Carolina Senate Philip Berger Sr., currently serving as an associate justice of t...

Dan Hollaway had me on Citizen Podcast recently to discuss a number of topics, including the Check the Box initiative th...
10/18/2023

Dan Hollaway had me on Citizen Podcast recently to discuss a number of topics, including the Check the Box initiative that helps identify and improve outcomes for veterans in the justice system.
The Independence Fund

‎Show Citizen Podcast, Ep Episode 136 - Supreme Court Associate Justice Phil Berger - Oct 18, 2023

Congratulations to Michael Smith, Collin Williams, and Nick Whitley for their performances in the Albion Tourgee Moot Co...
07/28/2023

Congratulations to Michael Smith, Collin Williams, and Nick Whitley for their performances in the Albion Tourgee Moot Court Competition, held this week in the Supreme Court of North Carolina.

The Tourgee Competition featured talented law school students from across North Carolina who have served as interns in the appellate courts this summer. The competition was conducted by judges and justices from the NC Supreme Court and the NC Court of Appeals.

Tourgee was a prominent lawyer and judge during the Reconstruction Era who played an instrumental role in developing North Carolina’s 1868 Constitution. He was a staunch supporter of equality and economic liberty, and served as counsel for Homer Plessy in Plessy v. Ferguson. Tourgee's dedication to justice and equality continues to inspire future generations of legal minds.

Pictured below are award winners and our undergrad and high school interns who competed.

Address

Hillsborough, NC

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