On Monday, October 5, at 10 a.m., the U.S. Supreme Court will hear Carney v Adams, 19-309. This is the case over Delaware’s law that says most judicial appointments can only go to individuals who are registered members of a party that has at least 5% of the voter registration. The lower courts had invalidated the law. The plaintiff is a registered independent who would like to be considered for a judicial appointment.

The case was originally set to be argued on March 25, 2020, but was postponed due to the health crisis. The oral argument will be broadcast. Here is the Court’s explanation of how the hearing will be broadcast.

The court is sitting virtually. Each justice in turn has an opportunity to ask questions. There are only eight justices. The hearing will probably last one hour.

This is the first case involving independent and minor party voters that the court has heard since 2005. The 2005 case was about whether the Oklahoma Libertarian Party had a freedom of association right to decide for itself who can vote in its primary. The party lost the case by a vote of 6-3. Clingman v Beaver.