No. 19-309
John C. Carney, Governor of Delaware v. James R. Adams
Tags: civil-rights constitutional-law due-process first-amendment free-speech judicial-appointments judicial-independence judicial-qualifications judicial-selection party-affiliation political-balance political-party standing state-constitution state-sovereignty
Key Terms:
FirstAmendment Privacy JusticiabilityDoctri
FirstAmendment Privacy JusticiabilityDoctri
Latest Conference:
2019-12-06
(distributed 4 times)
Question Presented (AI Summary)
Does the First Amendment invalidate a longstanding state constitutional provision that limits judges affiliated with any one political party to no more than a 'bare majority' on the State's three highest courts, with the other seats reserved for judges affiliated with the 'other major political party'?
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Does the First Amendment invalidate a longstanding state constitutional provision that limits judges affiliated with any one political party to no more than a “bare majority” on the State’s three highest courts, with the other seats reserved for judges affiliated with the “other major political party”? 2. Did the Third Circuit err 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 fifty years without the latter, and the former requirement, without the latter, continues to govern appointments to two other courts?
Docket Entries
2021-01-11
JUDGMENT ISSUED.
2020-12-10
Judgment VACATED and case REMANDED. Breyer, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-309_4f15.pdf'>opinion</a> of the Court, in which all other Members joined, except Barrett, J., who took no part in the consideration or decision of the case. Sotomayor, J., filed a concurring opinion.
2020-10-05
Argued. For petitioner: Michael W. McConnell, Washington, D. C. For respondent: David L. Finger, Wilmington, Del.
2020-07-13
SET FOR ARGUMENT on Monday, October 5, 2020.
2020-04-13
Argument to be rescheduled for the October Term 2020.
2020-03-16
ORAL ARGUMENT POSTPONED.
2020-03-13
Reply of petitioner John C. Carney, Governor of Delaware filed (3/16/2020). (Distributed)
2020-02-27
Brief amicus curiae of Libertarian National Committee filed. (Distributed). (Corrected brief to be submitted - March 16, 2020).
2020-02-27
Brief amici curiae of Lawyers and Professors filed. (Distributed)
2020-02-26
Brief amicus curiae of Cato Institute filed. (Distributed)
2020-02-26
Brief amicus curiae of Public Citizen filed. (Distributed)
2020-02-24
Record from the USCA 3rd Circuit and USDC District of Delaware (Wilmington) electronically received.
2020-02-20
Brief of respondent James R. Adams filed. (Distributed)
2020-02-19
CIRCULATED
2020-02-19
Record requested from the U.S.C.A. 3rd Circuit.
2020-01-31
SET FOR ARGUMENT on Wednesday, March 25, 2020.
2020-01-28
Brief amici curiae of Professors Brian D. Feinstein and Daniel J. Hemel filed.
2020-01-28
Brief amicus curiae of Republican National Committee filed (February 12, 2020 - corrected brief).
2020-01-28
Brief amici curiae of Anthony Daunt and Norman Shinkle filed.
2020-01-28
Brief amicus curiae of Campaign Legal Center filed.
2020-01-28
Brief amicus curiae of The Brennan Center for Justice at NYU School of Law filed.
2020-01-28
Brief amicus curiae of The Conference of Chief Justices in support of neither party filed.
2020-01-28
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2020-01-28
Brief amici curiae of The Delaware State Bar Association filed.
2020-01-28
Brief amici curiae of Former Governors of the State of Delaware filed.
2020-01-28
Brief amici curiae of State and Local Government Associations filed.
2020-01-27
Brief amici curiae of Professors filed.
2020-01-24
Brief amici curiae of Former Chief Justices of the Delaware Supreme Court filed.
2020-01-21
Brief of petitioner John C. Carney, Governor of Delaware filed (2/13/2020).
2020-01-21
Brief of petitioner John C. Carney, Governor of Delaware filed. (February 13, 2020 - Corrected brief to be filed.)
2020-01-21
Joint appendix filed. (Statement of costs filed)
2020-01-17
Blanket Consent filed by Petitioner, John C. Carney, Governor of Delaware.
2019-12-06
Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether respondent has demonstrated Article III standing.
2019-12-02
DISTRIBUTED for Conference of 12/6/2019.
2019-11-18
DISTRIBUTED for Conference of 11/22/2019.
2019-11-12
DISTRIBUTED for Conference of 11/15/2019.
2019-10-23
DISTRIBUTED for Conference of 11/8/2019.
2019-10-22
Reply of petitioner John C. Carney, Governor of Delaware filed.
2019-10-07
Brief of respondent James R. Adams in opposition filed.
2019-10-07
Brief amici curiae of Former Governors of the State of Delaware filed.
2019-10-07
Brief amici curiae of Former Chief Justices of the Delaware Supreme Court filed.
2019-10-07
Brief amicus curiae of Joel Edan Friedlander filed.
2019-10-02
Brief amici curiae of Professors filed.
2019-09-23
Blanket Consent filed by Petitioner, Governor of Delaware.
2019-09-06
Supplement to list of directly related proceedings by petitioner filed.
2019-09-04
Petition for a writ of certiorari filed. (Response due October 7, 2019)
2019-07-16
Application (19A57) granted by Justice Alito extending the time to file until September 4, 2019.
2019-07-11
Application (19A57) to extend the time to file a petition for a writ of certiorari from August 5, 2019 to October 4, 2019, submitted to Justice Alito.
Attorneys
Anthony Daunt and Norman Shinkle
Campaign Legal Center
Caitlin Joan Halligan — Selendy & Gay PLLC, Amicus
Caitlin Joan Halligan — Selendy & Gay PLLC, Amicus
Former Chief Justices of the Delaware Supreme Court
Virginia Anne Seitz — Sidley Austin LLP, Amicus
Virginia Anne Seitz — Sidley Austin LLP, Amicus
Former Governors of the State of Delaware
James R. Adams
David Lee Finger — Finger & Slanina, LLC, Respondent
David Lee Finger — Finger & Slanina, LLC, Respondent
Joel Edan Friedlander
John C. Carney, Governor of Delaware
Michael W. McConnell — Wilson Sonsini Goodrich & Rosati, PC, Petitioner
Michael W. McConnell — Wilson Sonsini Goodrich & Rosati, PC, Petitioner
Professors Brian D. Feinstein and Daniel J. Hemel
Eric F. Citron — Goldstein & Russell, P.C., Amicus
Eric F. Citron — Goldstein & Russell, P.C., Amicus
Public Citizen
Republican National Committee
Richard Bryan Raile — Baker & Hostetler, LLP, Amicus
Richard Bryan Raile — Baker & Hostetler, LLP, Amicus
State and Local Government Associations
Kirti Datla — Hogan Lovells US LLP, Amicus
Kirti Datla — Hogan Lovells US LLP, Amicus
The Brennan Center for Justice at NYU School of Law
The Chamber of Commerce of the United States of America
Gregory George Garre — Latham & Watkins LLP, Amicus
Gregory George Garre — Latham & Watkins LLP, Amicus
The Conference of Chief Justices
Robert L. Byer — Duane Morris LLP, Amicus
Robert L. Byer — Duane Morris LLP, Amicus
The Delaware State Bar Association