SCOTUS to Decide Whether State Can Consider Political Affiliation to Balance Judicial Branch

The U.S. Supreme Court on Friday announced it will decide whether a state can consider the political affiliation of appointed judges in order to maintain the state courts’ ideological balance.

The case, Carney v. Adams, arises from a challenge to the provision of Delaware’s Constitution which only allows for the state’s highest courts to have a “bare majority” of judges from either political party (i.e. the five-judge Delaware Supreme Court must have three judges from one party and two judges from the opposing party).

A retired attorney and registered independent James R. Adams, who formerly belonged to the Democratic Party, filed a lawsuit challenging the provision, claiming it violated the U.S. Constitution’s First Amendment protection of free speech and
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