Lawyers for the Carney administration are arguing in federal court that Gov. John Carney has the discretion to consider party affiliation in judicial nominations, despite a federal court ruling that struck down a provision of the Delaware Constitution that requires strict political balance among the state’s judges.

Attorneys for the governor responded on Wednesday to a motion from a local attorney asking a judge to hold Carney in contempt for ignoring a Dec. 6, 2017, ruling from U.S. Chief Magistrate Judge Mary Pat Thynge of the District of Delaware, which found the 120-year-old requirement violated the First Amendment by restricting government employment based on party affiliation.