SCOTUS Agrees to Hear Case Testing Del. Party-Balance Requirement for Key Court Nominations
Proponents of the party-balance system argued that the justices should bring the Third Circuit into line with the Sixth and Seventh circuits, which have both held that judges are policymakers.
December 06, 2019 at 02:25 PM
6 minute read
The original version of this story was published on Delaware Law Weekly
The U.S. Supreme Court on Friday agreed to hear Delaware Gov. John Carney's challenge to a federal appellate ruling earlier this year, which struck down provisions of the Delaware Constitution mandating political party balance on key state courts.
The high court, in a brief order, announced that it had granted certiorari in the case, which could upend Delaware's unique approach to appointing judges for some of its most influential courts. The justices directed the parties to submit briefing on the questions presented in Carney's petition, as well as the additional issue of whether the challenger, a retired attorney who said he was overlooked for judgeships, had Article III standing to bring his claims.
The lawsuit, on appeal from the U.S. Court of Appeals for the Third Circuit, has garnered significant attention in Delaware for its potential to reshape the state's judicial nomination process. But it has also exposed a split among some of the nation's circuit courts as to whether judges qualify as "policymakers," who can be appointed based, at least in part, on their political party affiliation.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Law Firms Mentioned
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
- 4What We Know About the Kentucky Judge Killed in His Chambers
- 5'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250