We were gratified to read the Third Circuit’s precedential opinion filed on Feb. 5 in Adams v. Governor of Delaware. The court held that “portions of the Delaware constitution that limit [plaintiff’s] ability to apply for a judicial position while associating with the political party of his choice violate his First Amendment rights” and that his non-registration as a Democrat or Republican could not preclude his eligibility for appointment to the state court.

Plaintiff Adams was a member of the Delaware bar who was not registered with either major political party since 2017. A provision of the Delaware Constitution required registration as a condition of judicial appointment, but Adams did not do so because of his independent political status.