DOVER, Del. — Gov. John Carney is asking a federal judge to revisit a ruling that a provision in Delaware’s constitution requiring state courts to be politically balanced is unconstitutional.
The judge ruled this month that a constitutional provision that requires Delaware’s governor to split judicial nominations between the two major political parties violates the First Amendment by restricting government employment based on political affiliation.
State attorneys said in a filing Wednesday that, based on language in Delaware’s constitution, it’s unclear whether the ruling applies to Family Court and the Court of Common Pleas.
An attorney for the lawyer who challenged the provision said in a response filed Thursday that the judge’s reasoning applies to all state courts, and that Carney’s request is a thinly-veiled attempt to try to get the ruling reversed.