Procedural Win in Lawsuit Against Delaware Law Requiring Most State Judges to be Republicans or Democrats

On September 23, James R. Adams won a procedural victory in U.S. District Court, in Adams v Carney, 1:20cv-1680. This is the case that challenges the Delaware law that requires most state judges to be registered members of the Democratic or Republican Party. The ruling says he does have standing.

This is the second lawsuit Adams has filed against the Delaware restriction. In the first one, he won in U.S. District Court and in the Third Circuit, but then the U.S. Supreme Court said he lacked standing because he hadn’t actually concretely applied for a judicial post. After that decision, Adams did concretely apply for various judicial appointments, and he has now done so five times. Therefore, his new case is stronger.

Because he already won on the merits in the first case, in the Third Circuit, it seems very likely that he will win his new case soon. Thanks to ElectionLawBlog for this news. Here is the 21-page decision, which is by U.S. District Court Judge Maryellen Noreika, a Trump appointee.


Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.