On February 13, the Delaware government filed its main brief in the U.S. Supreme Court in Carney v Adams, 19-309. This is the case over Delaware’s state constitutional provision that limits most judicial appointments to individuals who are registered in a party with more than 5% of the total voter registration.

The Delaware government says that in case the U.S. Supreme Court does find that the provision is unconstitutional, that the Court should at least leave intact another part of the Delaware Constitution that says that no single party can have more than a bare majority of the members of any particular court.