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CASE ENTRY

Adams v. Governor of Delaware

Delaware attorney longs to be a judge, but there’s one problem: He’s a “Bernie independent,” and the Delaware Constitution limits service on the state’s courts to members of the Democratic and Republican parties, who must be appointed in equal numbers. Unconstitutional limit on the freedom to associate or legitimate attempt at ideological balance? Third Circuit: Dear Delaware, we get what you’re trying to do, but the First Amendment won’t let you do it this way.


Tags: 2019, First Amendment, Freedom of Association, Third Circuit

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