On April 10, the same three judges who had issued an opinion in Adams v Delaware Governor, 18-1045, in February 2019, slightly rewrote their opinion. This is the case filed by a Delaware attorney who is an independent voter. He challenged a Delaware constitutional provision requiring state judges to be members of one of the two largest parties. The law also provides for a partisan balance, between those two parties, for judicial appointments.

The state had asked for rehearing shortly after the original decision came out. On April 10 the three judges granted the rehearing request, but then came to the same conclusion as in their first opinion. The state had also asked for rehearing en banc (in other words, that all the full-time judges of the Third Circuit rehear the case), and that request is still pending.

Here is the new opinion, which is 44 pages including the concurrence.

Here is the original opinion from February, which is 39 pages.