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Carney v. Adams

Docket No. Op. Below Argument Opinion Vote Author Term
19-309 3rd Cir. Oct 5, 2020
Tr.Aud. 		TBD TBD TBD OT 2020

Issues: (1) Whether the First Amendment invalidates a longstanding state constitutional provision that limits judges affiliated with any one political party to no more than a “bare majority” on the state’s three highest courts, with the other seats reserved for judges affiliated with the “other major political party”; (2) whether the U.S. Court of Appeals for the 3rd Circuit erred in holding that a provision of the Delaware Constitution requiring that no more than a “bare majority” of three of the state courts may be made up of judges affiliated with any one political party is not severable from a provision that judges who are not members of the majority party on those courts must be members of the other “major political party,” when the former requirement existed for more than 50 years without the latter, and the former requirement, without the latter, continues to govern appointments to two other courts; and (3) whether the respondent, James Adams, has demonstrated Article III standing.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 11 2019Application (19A57) to extend the time to file a petition for a writ of certiorari from August 5, 2019 to October 4, 2019, submitted to Justice Alito.
Jul 16 2019Application (19A57) granted by Justice Alito extending the time to file until September 4, 2019.
Sep 04 2019Petition for a writ of certiorari filed. (Response due October 7, 2019)
Sep 06 2019Supplement to list of directly related proceedings by petitioner filed.
Sep 23 2019Blanket Consent filed by Petitioner, Governor of Delaware.
Oct 02 2019Brief amici curiae of Professors filed.
Oct 07 2019Brief amicus curiae of Joel Edan Friedlander filed.
Oct 07 2019Brief amici curiae of Former Chief Justices of the Delaware Supreme Court filed.
Oct 07 2019Brief amici curiae of Former Governors of the State of Delaware filed.
Oct 07 2019Brief of respondent James R. Adams in opposition filed.
Oct 22 2019Reply of petitioner John C. Carney, Governor of Delaware filed.
Oct 23 2019DISTRIBUTED for Conference of 11/8/2019.
Nov 12 2019DISTRIBUTED for Conference of 11/15/2019.
Nov 18 2019DISTRIBUTED for Conference of 11/22/2019.
Dec 02 2019DISTRIBUTED for Conference of 12/6/2019.
Dec 06 2019Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether respondent has demonstrated Article III standing.
Jan 17 2020Blanket Consent filed by Petitioner, John C. Carney, Governor of Delaware.
Jan 21 2020Joint appendix filed. (Statement of costs filed)
Jan 21 2020Brief of petitioner John C. Carney, Governor of Delaware filed. (February 13, 2020 - Corrected brief to be filed.)
Jan 21 2020Brief of petitioner John C. Carney, Governor of Delaware filed (2/13/2020).
Jan 24 2020Brief amici curiae of Former Chief Justices of the Delaware Supreme Court filed.
Jan 27 2020Brief amici curiae of Professors filed.
Jan 28 2020Brief amici curiae of State and Local Government Associations filed.
Jan 28 2020Brief amici curiae of Former Governors of the State of Delaware filed.
Jan 28 2020Brief amici curiae of The Delaware State Bar Association filed.
Jan 28 2020Brief amici curiae of Professors Brian D. Feinstein and Daniel J. Hemel filed.
Jan 28 2020Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jan 28 2020Brief amicus curiae of The Conference of Chief Justices in support of neither party filed.
Jan 28 2020Brief amicus curiae of The Brennan Center for Justice at NYU School of Law filed.
Jan 28 2020Brief amicus curiae of Campaign Legal Center filed.
Jan 28 2020Brief amici curiae of Anthony Daunt and Norman Shinkle filed.
Jan 28 2020Amicus brief of Republican National Committee not accepted for filing. (February 07, 2020 - corrected brief to be submitted).
Jan 28 2020Brief amicus curiae of Republican National Committee filed (February 12, 2020 - corrected brief).
Jan 31 2020SET FOR ARGUMENT on Wednesday, March 25, 2020.
Feb 19 2020Record requested from the U.S.C.A. 3rd Circuit.
Feb 19 2020CIRCULATED
Feb 20 2020Brief of respondent James R. Adams filed. (Distributed)
Feb 24 2020Record from the USCA 3rd Circuit and USDC District of Delaware (Wilmington) electronically received.
Feb 26 2020Brief amicus curiae of Cato Institute filed. (Distributed)
Feb 26 2020Brief amicus curiae of Public Citizen filed. (Distributed)
Feb 27 2020Brief amici curiae of Lawyers and Professors filed. (Distributed)
Feb 27 2020Brief amicus curiae of Libertarian National Committee filed. (Distributed). (Corrected brief to be submitted - March 16, 2020).
Mar 13 2020Reply of John C. Carney, Governor of Delaware not accepted for filing. (March 16, 2020 - Corrected brief submitted)
Mar 13 2020Reply of petitioner John C. Carney, Governor of Delaware filed (3/16/2020). (Distributed)
Mar 16 2020ORAL ARGUMENT POSTPONED.
Apr 13 2020Argument to be rescheduled for the October Term 2020.
Jul 13 2020SET FOR ARGUMENT on Monday, October 5, 2020.
Oct 05 2020Argued. For petitioner: Michael W. McConnell, Washington, D. C. For respondent: David L. Finger, Wilmington, Del.
 
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