Delaware Judge Party Rule Still Unconstitutional

Provisions of the Delaware Constitution that dictate the political party affiliation of state judges were revisited by the Third Circuit April 10—and it still didn’t like them.

In February, the court held the provisions that prevent any political party from having more than a bare majority of seats on state courts and mandate the other seats be filled by members of the other major political party violate the First Amendment.

Delaware Governor John Carney requested a rehearing by the full court, pointing out a circuit split over whether judges are exempt from First Amendment protection because they are policymakers. He ...