Challenge to Delaware’s Partisan Judicial Balance Rule Advances

Sept. 26, 2022, 7:57 PM UTC

A lawsuit by a lawyer seeking to topple Delaware’s requirement for political balance in its courts can continue after a federal judge refused to dismiss the suit for lack of standing.

This is the second time James Adams, a politically unaffiliated lawyer, challenged the provisions that regulate the composition of the state court bench. An earlier suit was rejected by the US Supreme Court in 2020 after it held Adams lacked the right to sue because he didn’t prove he was ready and able to apply for a judgeship.

But now, Adams can continue his newest fight because he proved ...

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