The U.S. Court of Appeals for the Third Circuit on Tuesday struck down provisions of the Delaware Constitution mandating balance between the state’s major political parties on key state courts, saying that they unconstitutionally barred registered independents and third party members from serving as judges.
In a precedential opinion, a three-judge panel of the Philadelphia-based appeals court ruled that the political balancing requirements, long a staple of the state’s judicial nomination process, violated the First Amendment by restricting government employment based on party affiliation.
