On December 6, the U.S. Supreme Court accepted Carney v Adams, 19-309. This is the case over the provision of the Delaware Constitution that says in most state courts, the only persons who can be appointed are members of a party that has at least 5% of the voter registration. In the entire history of Delaware voter registration by party, only the Republican and Democratic Parties have ever had as much as 5% of the registration. Thus only Democrats and Republicans are eligible to be appointed, and no independent may ever be appointed. The case had been brought by a registered independent attorney who would like to be appointed to a judgeship.
The Third Circuit had invalidated the law. The U.S. Supreme Court wants both sides to discuss whether the plaintiff had standing. Thanks to Rick Hasen for this news.
More and more cert pets now being granted on Fridays = more CRISIS stuff to come.
(ORDER LIST: 589 U.S.)
FRIDAY, DECEMBER 6, 2019
CERTIORARI GRANTED
19-309 CARNEY, GOV. OF DE V. ADAMS, JAMES R.
The petition for a writ of certiorari is granted. In
addition to the questions presented by the petition, the parties
are directed to brief and argue the following question: Whether
respondent has demonstrated Article III standing.
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Only order today [so far].
I can just imagine a Green party judge on the bench.
California Governor Jerry Brown appointed a Green Party registrant, Stephen M. Place, to the Inyo County Superior Court, in 2018.