Article IV, § 3 of The Delaware State Constitution requires that the Delaware Courts be politically balanced based on registration in two major political parties. This constitutional provision was challenged in 2017 by a Delaware attorney.
In December, the United States Supreme Court decided that the person who challenged the Delaware State Constitution’s provision requiring politically balanced courts lacked standing to do so. In other words, the plaintiff could not point to a specific harm caused to him by the State constitutional provision and was prohibited from pursuing the challenge. The challenging party argued that, as an Independent, he would not meet qualifications for judicial appointment, but could not show that he made any attempt to apply for a judicial position in the past, even when he had been a member of the Democratic party.
Because it found that the attorney did not have the right to bring the lawsuit before the Court, the U.S. Supreme Court did not ultimately decide whether Delaware’s requirement for politically balanced courts, based upon the two major political parties, was constitutional.
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Author(s)
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Lauren Cirrinicione is a trial lawyer who helps individuals who have been seriously injured by collisions, negligence, malpractice, neglect and abuse to seek justice from those people and companies that have caused them harm.
