Public Citizen has filed this amicus brief in the U.S. Supreme Court in Carney v Adams, 19-309, the case over Delaware’s exclusion of independent and minor party registrants from serving on most judicial posts. The Public Citizen brief properly points out that the lower courts were correct to invalidate the law, but they used the wrong analysis. The lower courts handled this case as a patronage case, but should have instead considered it a freedom of association case.
The CATO Institute has filed this amicus brief in the U.S. Supreme Court in Carney v Adams, 19-309. The brief makes an interesting analogy to the religious affiliation of U.S. Supreme Court justices. It points out that for decades, it was considered important that there be one Catholic on the U.S. Supreme Court, for balance; and also that there be one Jewish member. Footnote nine notes that President Dwight Eisenhower was not willing to appoint William J. Brennan to the “Catholic” seat until after he received assurance from Brennan’s priest that Brennan was a genuine Catholic. The point is that judicial appointments are sometimes made on the basis of not only party, but religion; yet it would be unthinkable for any law to single out two popular religions and limit judicial appointments only the individuals who were members of one of those two religions.
Some legal scholars and former judges have filed this amicus brief in the U.S. Supreme Court in Carney v Adams, 19-309, the Delaware lawsuit over exclusion of independent and minor party registrants from being appointed to most judicial posts.
The Libertarian National Committee has submitted this amicus brief to the U.S. Supreme Court in Carney v Adams, 19-309, the case over Delaware’s law that does not permit anyone but registered Republicans and Democrats to be appointed to most state judicial positions.
On February 27, the Ninth Circuit issued an opinion in Tedards v Ducey, 19-16308. This is the case over whether the U.S. Constitution required Arizona to hold a special election for John McCain’s vacant seat sooner than November 2020. McCain died in August 2018 and the plaintiffs argued the Constitution did not permit the seat to go for so long without an election.
