DOVER, Del. (AP) - A federal judge who invalidated a state mandate for political balance on Delaware’s courts has agreed to put her decision hold while Democratic Gov. John Carney appeals it.
While rejecting what she called Carney’s second effort seeking reconsideration of her ruling, the judge said Monday there was a chance that he might win on appeal.
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.
The judge noted that the First Amendment rights of potential judicial applicants weigh against a stay.
But she said Carney and the state have an interest in filling judicial vacancies, and that leaving judicial offices empty while the appeal plays out could cause the people of Delaware irreparable harm.
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