High Court to Review Delaware Law on Political Balance in Courts

The U.S. Supreme Court, whose political makeup has shifted after the passing of Justice Ruth Bader Ginsburg, will weigh whether Delaware’s law to politically balance its own courts is constitutional.

Delawarean James R. Adams, a registered independent, sued Delaware Gov. John Carney (D) over the state’s political balance rule in 2017, saying his lack of party affiliation prevents him from becoming a high-level judge.

The U.S. Court of Appeals for the Third Circuit agreed and found that Delaware’s law violated Adams’ First Amendment rights. Party affiliation can’t be considered in judicial appointments because judges aren’t policy makers, the court held. ...