The U.S. District Court handling Adams v Carney, 1:20cv-1680, has moved ahead with steps to perhaps settle the case by arbitration. This is the case against the Delaware law that says most judicial appointments can only be given to members of one of the two largest parties.

This case already has been in the U.S. Supreme Court, which ruled that the plaintiff, an independent, lacked standing. He then filed a new case, in which he cured the standing problem. Then the U.S. District Court ruled he has standing. So now, it appears that the state will no longer be defending its law, because the lower federal courts already ruled against the state in the first version of the lawsuit.

It may be that a bill will be introduced in the Delaware legislature in 2023 to change the restriction.