On May 7, all the fulltime judges of the Third Circuit voted on Delaware’s request for a rehearing in Adams v Delaware Governor, 18-1045.  Nine judges agreed with the original decision, but four wanted to grant rehearing en banc.

The original decision said that Delaware cannot continue to enforce a law that says all state court judges must be members of parties that have at least 5% of the state registration.  The case had been filed by an independent voter who is also an attorney, and who said he hopes to become a state court judge.  Delaware judges are appointed, not elected, so even though he won the case, his chances of being appointed are probably not very high.

The four judges who voted to rehear the case are:  Kent A. Jordan and Thomas Hardiman (Bush Jr. appointees); Cheryl Ann Krause (an Obama appointee); and Stephanos Bibas (a Trump appointee).