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Federal Judge Rejects Political Balance on Delaware Courts

Joe Gratz
/
creative commons

DOVER, Del. (AP) - A federal judge has rejected Democratic Gov. John Carney's request to reconsider her ruling invalidating a state mandate for political balance on Delaware's courts.

The judge on Wednesday did revise her December ruling to clarify her decision regarding whether a lawyer had standing to challenge certain provisions in Delaware's constitution regarding the political makeup of state courts. She said the clarification should simplify the record when a federal appeals court considers the case.

Meanwhile, the judge refused for the time being to hold Carney in contempt for allegedly ignoring her ruling or to order the state to pay attorney fees to the opposing side.

In December, the judge declared that the political balance provision violates the First Amendment of the U.S. Constitution by restricting government employment based on political affiliation.

Don Rush is the News Director at Delmarva Public Media. An award-winning journalist, Don reports major local issues of the day, from sea level rise, to urban development, to the changing demographics of Delmarva.