Carney V. Adams Threatens Delaware's Balanced Judiciary

Law360 (October 7, 2020, 6:10 PM EDT) -- The U.S. Supreme Court's opening argument of the year on the first Monday in October presented a fascinating First Amendment and federalism brainteaser. The case, Gov. John C. Carney v. James R. Adams, challenged, literally and figuratively, the "Delaware Way," the state's distinctive bipartisan approach to populating its judiciary.

Delaware is unique among American states in the manner in which judges are appointed to its courts. The Delaware Constitution requires political balance on the state judiciary. Delaware created this system to ensure that the state judiciary would be bipartisan. Ironically, Delaware was using politics as a tool to limit politics in...

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