Delaware Public Media

U.S. Supreme Court to settle fate of Delaware judicial balance requirement

Dec 13, 2019

Last week, the U.S. Supreme Court agreed to review a lower court’s decision striking down Delaware’s judicial balance requirement. It’s the only case the Justices decided to add to their spring docket.

Delaware’s constitution calls for its Supreme Court, Chancery Court and Superior Court to be split almost evenly between the two major political parties. But a U.S. District Court judge and a federal appeals court have ruled the provision unconstitutional — after Delaware lawyer James Adams challenged it in 2017.

This week we sat down with Widener University Delaware Law School constitutional law professor Alan Garfield to learn more about the case and what’s at stake.