Delaware Independent Opposing the Law that Only Democrats and Republicans Can be Judges Files His Brief

James R. Adams, the Delaware independent voter who challenged the law that only Republicans and Democrats may be appointed to most of the state courts has filed his brief in the U.S. Supreme Court. He urges the Court not to take the case. Carney v Adams, 19-309. Adams won the case in the Third Circuit. Here is his brief.

Washington State “Faithless Electors” File Cert Petition

On October 7, the Washington state presidential electors who were fined because they voted for someone other than Hillary Clinton filed their cert petition in the U.S. Supreme Court. The Court hasn’t assigned a case number yet. It is Chiafalo v Washington. The State Supreme Court had voted 6-1 that the state was correct to fine each of them $1,000. Here is the filing. It wasn’t due until October 20, but the attorneys finished their product early.

UPDATE: the case is 19-465. The state’s response is due November 8.

Five Ex-Governors of Delaware Ask U.S. Supreme Court to Hear Case on Whether State Judges Must be Republicans or Democrats

Five former Governors of Delaware have filed this amicus curiae brief in the U.S. Supreme Court, asking the court to hear Carney v Adams, 19-309. This is the case over the Delaware law that says no one is eligible to be appointed a state judge (for most of the state courts) unless they are a member of a party that has at least 5% of the registered voters. The ex-Governors support the law, which the Third Circuit invalidated a few months ago. Two of the ex-Governors are Republicans, and three are Democrats.

Obviously the Delaware law makes it impossible for any registered independent to become a state judge.

U.S. District Court in New York Upholds District Attorney’s Subpoena for President Trump’s Tax Returns

On October 7, U.S. District Court Judge Victor Marrero upheld a subpoena by the Manhattan District Attorney for President Donald Trump’s tax returns for the last several years. Trump v Vance, s.d., 1:19cv-8694. The subpoena has no connection with the New York state law allowing the state government to release the Trump tax returns. Instead it involves a criminal investigation against the President. Here is the 75-page opinion.

Judge Marrero is a Clinton appointee who was born in Puerto Rico.

The President immediately asked for a stay from the Second Circuit, which granted it. In the Second Circuit the case is 19-3204.

In California, the Secretary of State has still not appealed the U.S. District Court opinion in the tax returns-ballot case. It may be that the California Secretary of State believes the tax returns may emerge through the activity of the New York and District of Columbia pending cases.