NC Supreme Court Justice Berger asks for decision on his recusal from Leandro lawsuit
That lawsuit is back before the state Supreme Court, with potentially billions of dollars for public schools on the line. Justices are set to hear arguments about jurisdictional questions Feb. 22.
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Berger’s father is an intervenor in the 30-year-old lawsuit known as Leandro.
“I am confident that my work with an organization that represented Penn-Intervenors in a distinct matter almost twenty years ago will not impair my ability to impartially decide this appeal,” Earls wrote in her decision Jan. 31.
Both justices faced similar requests to recused back in 2022 and decided not to.’
The court has a 5-2 Republican majority over Democrats, with Berger Jr. in the majority and Earls in the minority. When the court last ruled in the case, Nov. 4, 2022, the court had a 4-3 Democratic majority over Republicans. Part of the dispute before the court now is over the extent to which the court is being asked to re-hear and re-rule on matters decided in 2022 decision.
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