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 states 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 ...
Why is this a federal question?
Judges and party affiliation makes no sense to me.
A judge interprets the law. Period.
Political affiliation is antitheses to Justice.
Implicates the one man one vote rule. Equal protection clause.
Agreed
We all know that is the way it is supposed to work, HOWEVER we also know that unfortunately the courts dont work without bias!! This is exactly why the SCOTUS picks are so important BECAUSE the judges in ALL courts are biased as HELL!!!
in other words, a quota?
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.
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.
I thought Chief Justice Roberts said something to the effect there are no democrat or republican judges. What a load of BS.
Liberals don’t interpret the law. They invent them.
You are right. Just grateful that Dems are getting the thorn in their side treatment for a change.
None of the Fed’s business.
SPOT ON. = The DIMocRATS on the US Courts are ALL biased against GOP litigants & conservative causes in virtually EVERY case.
Yours, TMN78247
And there are no “Obama judges”
“Equal protection of the law” is a rather elastic clause, no?
The story doesn’t make any sense as written, does it?
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.
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.
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.
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 states 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.
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.