political balance

creative commons

DOVER, Del. (AP) - A federal appeals court is set to hear arguments in a lawsuit over a state mandate for political balance on Delaware's courts.

Federal appellate judges in Philadelphia were to hear arguments Tuesday in an appeal filed by Democratic Gov. John Carney, who's challenging a ruling by a federal judge in Wilmington. The judge declared that the political balance provision violates the First Amendment of the U.S. Constitution by restricting government employment based on political affiliation.

Joe Gratz / creative commons

DOVER, Del. (AP) - A Delaware attorney is asking a federal judge to hold Delaware's governor in contempt of court for ignoring a ruling declaring a state mandate for political balance among judges unconstitutional.

Wednesday's court filing comes after the state Judicial Nominating Commission circulated a notice this week indicating that Democratic Gov. John Carney will consider political affiliation and expects to appoint a fellow Democrat upon the pending retirement of a Sussex County Superior Court judge.