Brennan Center Files Amicus in U.S. Supreme Court, Supporting Exclusion of Independents from Being Appointed to Most Judicial Posts

On January 28, the Brennan Center, which was formed by former law clerks to U.S. Supreme Court Justice William Brennan to advance his goals, filed an amicus curiae brief in the U.S. Supreme Court in Carney v Adams, 19-309. The Brennan Center brief is in support of the Delaware law that does not permit anyone to be appointed to most state courts in the state, unless they are members of a party that has registration of at least 5% of the total registration.

The case was filed by an independent attorney who would like to be appointed to a judicial office. It is supremely ironic that the Brennan Center has sided against the independent applicant, because Justice Brennan authored Elrod v Burns in 1976, striking down the patronage system for most government hiring decisions.


Comments

Brennan Center Files Amicus in U.S. Supreme Court, Supporting Exclusion of Independents from Being Appointed to Most Judicial Posts — 8 Comments

  1. Aren’t there at least 5% registered as Independents in Delaware? That doesn’t count? Then why are they allowed to vote? Will their citizenship be revoked?

  2. I am saddened by the Brennan Center decision and will express as much to them in a firm, but friendly email.

  3. Independents in Delaware are 24% of the electorate, but the state doesn’t consider them a party. Even if independents were a majority of the voters in Delaware, they still couldn’t be appointed.

  4. How does one become “of a political party” in Delaware?

    If 3 of the Supreme Court Justices are Republicans, one is a Democrat, and a vacancy, can one of the Republicans become a Democrat, permitting the vacancy to be filled by an “actual” Republican?

    Isn’t requiring affiliation by a judge, compelled speech?

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