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Judge Rules Del. Political Bench Balance Unconstitutional

Law360, New York (December 6, 2017, 8:42 PM EST) -- A federal magistrate judge ruled Wednesday in favor of a Delaware man who argued that the state’s requirement for political party balance on its judicial benches violated the U.S. Constitution, finding that judges don’t fall under policymaker exceptions to prohibitions against political tests for government employment.

The 14-page summary judgment opinion from Chief U.S. Magistrate Judge Mary Pat Thynge could potentially upset a maxim baked into the Delaware state constitution that officials often tout as evidence of the evenhandedness and sophistication of The First State as...
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Case Information

Case Title

Adams v. Carney

Case Number




Nature of Suit

Civil Rights: Other


Mary Pat Thynge

Date Filed

February 21, 2017

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