Del. Gov. Asks High Court To Revive Court Party-Balance Rule

Law360 (September 6, 2019, 4:38 PM EDT) -- Arguing that a basic tenet of federalism is at stake, Delaware Gov. John Carney has asked the U.S. Supreme Court to reverse the Third Circuit's rejection of a requirement that applicants for three top Delaware state courts be registered Democrats or Republicans.

The petition for a writ of certiorari filed Wednesday potentially brings to a head a challenge to the Delaware Constitution's 122-year-old major party membership requirement for state Supreme, Chancery and Superior court candidates, with neither of the two parties permitted to hold more than a bare majority.

Retired state Justice Department attorney and political independent James R. Adams successfully...

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