On February 5, the Third Circuit agreed with a U.S. District Court that Delaware cannot require that all Supreme Court Justices, Superior Court Judges, and Chancery Court Judges be members of the two largest parties. Adams v Governor Delaware, 18-1045. Here is the opinion, which is written by Judge Julio Fuentes, a Clinton appointee. The opinion is also signed by Judge Theodore McKee, a Clinton appointee; and by Judge L. Felipe Restrepo, an Obama appointee.

The Delaware policy had been in effect since 1951. Judge McKee wrote separately to praise the Delaware state court judges, but he agreed with the other two judges. All judges in Delaware are appointed; there are no Delaware judicial elections. Thanks to Howard Bashman for this news.