DOVER, Del. (AP) - A federal appeals court is weighing whether to overturn a judge’s ruling invalidating a state mandate for political balance on Delaware’s courts.
Federal appellate judges in Philadelphia heard arguments Tuesday in an appeal filed by Democratic Gov. John Carney, who’s challenging a ruling by a federal judge in Wilmington. The appeals court did not immediately rule but took the issue under advisement.
The judge ruled in December that the political balance provision violates the First Amendment of the U.S. Constitution by restricting government employment based on political affiliation. She agreed in June to put her ruling on hold, noting that leaving judicial offices empty while the appeal plays out could cause Delawareans irreparable harm.
Last week, Carney announced six judicial nominations, including two for newly created judgeships in Chancery Court.
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