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Supreme Court to Consider if States Can Choose Judges on Party Affiliation..
theepochtimes. ^ | 12/08/2019 | Matthew Vadum

Posted on 12/08/2019 7:08:16 PM PST by caww

The Supreme Court agreed Dec. 6 to hear a challenge to a Delaware law invalidated by a lower federal court that regulates the partisan makeup of that state’s courts.

The Supreme Court granted a petition brought by Gov. John C. Carney, a Democrat who has held the post since January 2017. Carney is appealing a loss at the 3rd Circuit Court of Appeals, which struck down the state law on April 10.

Current law provides that no more than 50 percent of the judges on the Supreme Court, Superior Court, “or those courts together with the Court of Chancery, may be affiliated with one political party,” with the other seats reserved for members of the other major political party.

(Excerpt) Read more at theepochtimes.com ...


TOPICS: News/Current Events; US: Delaware
KEYWORDS: 3rdcircuit; clowncar; delaware; joebiden; joeclowncarbiden; johnccarney; judiciary; thirdcircuit

1 posted on 12/08/2019 7:08:16 PM PST by caww
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To: caww

Why is this a federal question?


2 posted on 12/08/2019 7:13:42 PM PST by Mr. Lucky
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To: caww

Judges and party affiliation makes no sense to me.

A judge interprets the law. Period.

Political affiliation is antitheses to Justice.


3 posted on 12/08/2019 7:15:04 PM PST by Eddie01
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To: Mr. Lucky

Implicates the one man one vote rule. Equal protection clause.


4 posted on 12/08/2019 7:17:39 PM PST by colorado tanker
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To: Eddie01

Agreed


5 posted on 12/08/2019 7:20:47 PM PST by BenLurkin (The above is not a statement of fact. It is either opinion or satire. Or both.)
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To: Eddie01

We all know that is the way it is supposed to work, HOWEVER we also know that unfortunately the courts don’t work without bias!! This is exactly why the SCOTUS picks are so important BECAUSE the judges in ALL courts are biased as HELL!!!


6 posted on 12/08/2019 7:31:53 PM PST by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: caww
with the other seats reserved for members of the other major political party.

in other words, a quota?

7 posted on 12/08/2019 7:37:18 PM PST by Chode (Send bachelors and come heavily armed.)
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To: colorado tanker

Delaware judges aren’t elected.
Whether this Delaware law is a good idea or a bad idea, it doesn’t seem to me to be the central government’s business.


8 posted on 12/08/2019 7:38:18 PM PST by Mr. Lucky
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To: Eddie01
Political affiliation is antitheses to Justice.

If a judge is a Democrat we know with certainty that they will always 'interpret' the law through the lens of political correctness and social justice. They have zero interest in blind justice. The law of the land has no meaning to them if they can advance their political agenda through the court.

9 posted on 12/08/2019 7:40:10 PM PST by missnry (The truth will set you free ... and drive liberals crazy!)
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To: missnry

I thought Chief Justice Roberts said something to the effect “there are no democrat or republican judges”. What a load of BS.


10 posted on 12/08/2019 7:52:32 PM PST by Equine1952 (( You can die on your feet or live down on your knees. You can not do both. Freedom Is not Free))
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To: Eddie01

Liberals don’t interpret the law. They invent them.


11 posted on 12/08/2019 8:22:43 PM PST by Blood of Tyrants (Everyone who favors socialism plans on the government taking other people's money, not theirs.)
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To: Eddie01

You are right. Just grateful that Dems are getting the thorn in their side treatment for a change.


12 posted on 12/08/2019 8:28:36 PM PST by napscoordinator (Trump/Hunter, jr for President/Vice President 2016)
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To: caww

None of the Fed’s business.


13 posted on 12/08/2019 9:14:57 PM PST by Seruzawa (TANSTAAFL!)
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To: Trump Girl Kit Cat

SPOT ON. = The DIMocRATS on the US Courts are ALL biased against GOP litigants & conservative causes in virtually EVERY case.

Yours, TMN78247


14 posted on 12/08/2019 10:52:53 PM PST by TMN78247 ("VICTORY or DEATH", William Barrett Travis, LtCol, comdt., Fortress of the Alamo, Bejar, 1836)
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To: Eddie01

And there are no “Obama judges”


15 posted on 12/09/2019 12:31:07 AM PST by a fool in paradise (Recall that unqualified Hillary Clinton sat on the board of Wal-Mart when Bill Clinton was governor)
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To: Mr. Lucky

“Equal protection of the law” is a rather elastic clause, no?


16 posted on 12/09/2019 3:38:22 AM PST by scrabblehack
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To: napscoordinator

The story doesn’t make any sense as written, does it?


The Supreme Court agreed Dec. 6 to hear a challenge to a Delaware law invalidated by a lower federal court that regulates the partisan makeup of that state’s courts.

The Supreme Court granted a petition brought by Gov. John C. Carney, a Democrat who has held the post since January 2017. Carney is appealing a loss at the 3rd Circuit Court of Appeals, which struck down the state law on April 10.


It seems if the Circuit Court of Appeals struck down the state law, it would have been a victory for Carney. The only way the case makes sense is if he’s forced to name a Republican and doesn’t want to.

I’m guessing what happened is that the District Court struck down the state law, then someone else appealed, and the Circuit Court upheld the original law, then Carney is appealing to SCOTUS.


17 posted on 12/09/2019 3:45:12 AM PST by scrabblehack
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To: Mr. Lucky

Our Judges are elected, but NO party is given. Unless you know about them you get LIBERAL judges. I just vote NOT to retain unless I know their records.


18 posted on 12/09/2019 6:57:29 AM PST by GailA (Intractable Pain, a Subset of Chronic pain Last a Life TIME at Level 10.)
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To: Mr. Lucky
Issues for the certiorari grant:

Issues: (1) Whether the First Amendment invalidates a longstanding state constitutional provision that limits judges affiliated with any one political party to no more than a “bare majority” on the state’s three highest courts, with the other seats reserved for judges affiliated with the “other major political party”; (2) whether the U.S. Court of Appeals for the 3rd Circuit erred in holding that a provision of the Delaware Constitution requiring that no more than a “bare majority” of three of the state courts may be made up of judges affiliated with any one political party is not severable from a provision that judges who are not members of the majority party on those courts must be members of the other “major political party,” when the former requirement existed for more than 50 years without the latter, and the former requirement, without the latter, continues to govern appointments to two other courts; and (3) whether the respondent, James Adams, has demonstrated Article III standing.

19 posted on 12/09/2019 9:45:54 AM PST by colorado tanker
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To: colorado tanker
<>Implicates the one man one vote rule.<>

Just for background, that is a BS Scotus-imposed rule. It forced nearly all states to rewrite their constitutions.

Progressing the Constitution - One Man One Vote, Part I of V.

20 posted on 12/09/2019 12:26:08 PM PST by Jacquerie (ArticleVBlog.com)
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