Challenge to Delaware’s Efforts to Balance Partisan Composition of Judiciary to Proceed

AP: Delaware courts (including its Supreme Court, Court of Chancery and Superior Court) are subject to a constitutional provision that seeks to maintain a partisan balance on its courts by providing that “no more than a bare majority of judges on [certain] courts can be affiliated with a single political party.” The provision has been subject to unsuccessful challenges before, but on Friday a federal district court refused to grant a motion to dismiss in a new suit, which argues that by effectively barring independents from running for judgeships the Delaware Constitution violates the First Amendment.

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