Tuesday, March 14, 2017
Suit Challenges Delaware Court's Political Balance Requirement
Delaware's Constitution, Art. 4, sect. 3, says "three of the five Justices of the Supreme Court in office at the same time, shall be of one major political party, and two of said Justices shall be of the other major political party." This political balance requirement, a Delaware lawyer's suit argues, is unconstitutional under the freedom of political association guaranteed in the U.S. Constitution.