On January 21, the government of Delaware filed this brief in Carney v Adams, 19-309. This is the case over the Delaware Constitution, which says that only members of parties that have at least 5% of the voter registration are eligible to be appointed to most judicial offices.

The U.S. Supreme Court has accepted this case, so this brief is the first brief on the merits in this case.

The Delaware government brief points out that Adams, who is a registered independent, was formerly a registered Democrat. It says that when he changed his registration from Democratic to independent, he injured himself by becoming ineligible for a judgeship. The brief uses the term “self-injury.”