, 3 tweets, 2 min read Read on Twitter
3rd Circuit ruled today that a requirement in Delaware's Constitution that candidates for the state's Supreme Court, Superior Court, and Chancery Court have to be Democrats or Republicans violates the First Amendment (of the US Constitution, that is) www2.ca3.uscourts.gov/opinarch/18104…
In a concurring opinion from Judge McKee (and joined by the other two members of the panel), he goes out of his way to say this is not a criticism of judges serving in Delaware's courts now, but about the potential damage of having judgeships contingent on political affiliation
Oh! As @gabrielmalor points out, the 3rd Circuit actually first issued this opinion in February, but it looks like they granted a petition for rehearing and then issued the new version today (reaching the same conclusion)
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