Attorneys argued at length Tuesday over whether Delaware judges qualify as policymakers, which became the central focus in Delaware Gov. John Carney’s appeal of a trial court decision to strike down as unconstitutional a provision of the state constitution requiring party balance on key courts.
The question, posed to a three-judge panel of the U.S. Court of Appeals for the Third Circuit, focused on the role such judges play in a constitutional democracy, and it promised to figure prominently into the appeals court’s deliberations on whether to reinstate the 120-year-old party-balance mandate.
