A magistrate judge is considering whether to stay a ruling to strike down a provision of the Delaware Constitution requiring party balance on key state courts until a federal appeals court can decide the issue.

The requirement affects the state Supreme Court and Court of Chancery, which are central to interpreting corporate law in a state that is home to more than half of the Fortune 500. The provision mandates that no more than three persons on each of five-member court be registered with either of the two major parties.