Delaware Appears to Have Given Up Asking U.S. Supreme Court to Overturn Ruling on Letting Independents be State Judges

As previously reported, a Third Circuit en banc panel already agreed with lower court rulings striking down a Delaware law that requires judges on most state courts to be registered members of one or the other of the two largest parties. The case had been won by an independent voter who wanted to become a state judge. UPDATE: this post is not accurate, and a cert petition has been filed, called Governor of Delaware v James R. Adams.

Although Delaware asked the U.S. Supreme Court for additional time to file a cert petition, and received additional time, the new due date for Delaware was September 4, 2019, which was yesterday. It appears that the cert petition did not get filed by the deadline. The attorney who had asked for more time is no longer at the phone number that he gave to the court when he asked for more time, so it is not easy to find out from him why no cert petition was filed.


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Delaware Appears to Have Given Up Asking U.S. Supreme Court to Overturn Ruling on Letting Independents be State Judges — 1 Comment

  1. Similar situation in West Virginia where only Republicans and Democrats control the selection of poll workers. If you are registered with a minor party or independent/unaffiliated, you have to ask them permission to be considered for selection.

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