U.S. Supreme Court Will Hear Delaware Case on Whether All Judges Must be Democrats and Republicans

On December 6, the U.S. Supreme Court accepted Carney v Adams, 19-309. This is the case over the provision of the Delaware Constitution that says in most state courts, the only persons who can be appointed are members of a party that has at least 5% of the voter registration. In the entire history of Delaware voter registration by party, only the Republican and Democratic Parties have ever had as much as 5% of the registration. Thus only Democrats and Republicans are eligible to be appointed, and no independent may ever be appointed. The case had been brought by a registered independent attorney who would like to be appointed to a judgeship.

The Third Circuit had invalidated the law. The U.S. Supreme Court wants both sides to discuss whether the plaintiff had standing. Thanks to Rick Hasen for this news.


Comments

U.S. Supreme Court Will Hear Delaware Case on Whether All Judges Must be Democrats and Republicans — 4 Comments

  1. (ORDER LIST: 589 U.S.)
    FRIDAY, DECEMBER 6, 2019
    CERTIORARI GRANTED
    19-309 CARNEY, GOV. OF DE V. ADAMS, JAMES R.
    The petition for a writ of certiorari is granted. In
    addition to the questions presented by the petition, the parties
    are directed to brief and argue the following question: Whether
    respondent has demonstrated Article III standing.

    —-
    Only order today [so far].

  2. California Governor Jerry Brown appointed a Green Party registrant, Stephen M. Place, to the Inyo County Superior Court, in 2018.

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