![]() He didn’t apply to fill judicial openings before then, he has said, because the openings he might have wanted to fill were reserved for Republicans under the state constitution’s bare majority clause. As I’ve written, Adams was a registered Democrat until 2017. Supreme Court to decide where Delaware’s sovereign rights under the 10th Amendment must give way to Adams’ constitutional right of free association.īut to get to that question, the justices have to be sure that Adams met constitutional standing requirements to bring his suit against Delaware governor John Carney – and at Monday’s argument, several members of the court seemed more concerned about how this case will shape precedent on Article III standing than on the other constitutional questions presented.Īdams never formally applied for a Delaware judgeship. The case, in other words, requires the U.S. ![]() Circuit Court of Appeals agreed (933 F.3d 166) with Delaware lawyer James Adams, who is not registered as a Democrat or Republican, that the major party clause violated his First Amendment rights because it precluded him from serving as a judge on three of the state’s five courts. The more recently-added “major party” provision requires that judges on the state’s Superior, Chancery and Supreme Courts be Democrats or Republicans. The “bare majority” provision requires that no political party hold more than a one-judge majority on any state court. The state’s constitution has two provisions to assure that its judiciary maintains a bipartisan balance. court’s primary concern even the constitutionality of Delaware’s system.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |