Federal Appeals Court Rejects Bipartisan Balance on Delaware Courts

Apr 12, 2019

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DOVER, Del. (AP) - Gov. John Carney has lost his latest challenge to a federal judge's ruling invalidating a state mandate for political balance on Delaware's courts.

A three-judge appeals panel upheld that ruling in February, saying that limiting membership on Delaware's Chancery, Superior and Supreme courts to Democrats and Republicans was unconstitutional.

Carney's request for a hearing by the full appeals court was denied Wednesday, but the panel did clarify its earlier ruling, saying the requirement that judges belong to one of the two major parties could not be separated from another provision limiting one party to no more than a "bare majority."

Carney on Thursday did not rule out a Supreme Court appeal, but an attorney for a lawyer who challenged the rules said that would be "throwing good money after bad."