Asked if he agreed with Moore, Berger was noncommittal.“I agree that that’s what he said,” Berger replied. “The only folks that I’ve heard talking about some of these other things have been the press and the folks up in the gallery. I don’t know that I need to say anything beyond that.”Berger was referring to roughly 100 protesters affiliated with the NAACP’s “Moral Monday” movement who spent the day at the legislature to lobby against any Supreme Court changes. They briefly disrupted Senate proceedings by chanting “shame” and gathered for speeches and songs in a public area in the Legislative Building.

Ever since the election of Democrat Mike Morgan to the N.C. Supreme Court last month, which will give Democrats a 4-3 advantage, liberal advocacy groups have accused Republicans of planning to tip the balance on the court, expanding it by two justices who could be appointed by the governor before McCrory leaves office. One group, Common Cause, reported spending $200,000 to air a television ad rallying opposition to the idea.