Delaware Gov. John Carney has asked the U.S. Court of Appeals for the Third Circuit to rehear en banc the case that struck provisions of the Delaware Constitution mandating balance between the state’s two major political parties on key state courts.
Carney, who nominates judges for approval by the state Senate, filed his petition for rehearing en banc Feb. 18, after a three-judge panel of the Philadelphia-based appeals court ruled that Delaware’s party-balance requirements unconstitutionally prevented registered independents and third-party members from serving as judges.
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