On May 23, U.S. District Magistrate Judge Mary Pat Thynge, a Bush Sr. appointee, again ruled that Delaware cannot require all State Supreme and Superior Court Judges to be members of the two largest political parties. Adams v Carney, 1:17cv-181. Here is the 18-page opinion.
The Delaware Constitution says “Three of the five Justices of the Supreme Court in office at the same time, shall be of one major political party, and two of said Justices shall be of the other major political party.” The plaintiff is an independent. The state had asked for reconsideration of the original decision, which had been issued on December 6, 2017. The state argued that the plaintiff lacked standing, but failed to persuade the magistrate judge to change her opinion on that.