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Court hears Carney appeal over political balance mandate

September 25, 2018

DOVER, Del. (AP) — A federal appeals court is set to hear arguments in a lawsuit over a state mandate for political balance on Delaware’s courts.

Federal appellate judges in Philadelphia were to hear arguments Tuesday in an appeal filed by Democratic Gov. John Carney, who’s challenging a ruling by a federal judge in Wilmington. 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 rejected requests by Carney to reconsider her ruling. She did agree 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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