The U.S. Supreme Court announced Monday it will consider in October whether Delaware’s political balance requirements for judges in the state’s top courts are constitutional.

Gov. John Carney’s appeal of the U.S. Court of Appeals for the Third Circuit’s finding that Delaware could no longer mandate the number of Republicans and Democrats permitted to serve in its courts at a given time is listed as the first case the Supreme Court will consider during its October-through-September calendar.

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