DOVER, Del. (AP) — Attorneys for Gov. John Carney asked the U.S. Supreme Court on Monday to overturn an appeals court decision invalidating a provision in Delaware’s constitution that mandates a political balance on the state’s most powerful courts.
The provision limits judges affiliated with any one political party to no more than a “bare majority” on Delaware’s Superior, Chancery and Supreme courts.
The other seats must be reserved for judges affiliated with the “other major” political party.
The appeals court ruled last year that the provision requiring the governor to split judicial nominations between the two major political parties violated the First Amendment.
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