Carneyv.Adams
Delaware’s Constitution required a political balance among the judges of its major courts. James Adams, a lawyer who had applied unsuccessfully for judicial vacancies, challenged that requirement under the Equal Protection Clause. The Supreme Court of the United States held that the lower courts had not adequately considered whether the case should be resolved through Delaware law before reaching the constitutional question. The Court vacated the judgment and remanded for further proceedings, including consideration of whether to certify unsettled state-law questions to the Delaware Supreme Court. The Court did not finally decide the constitutionality of Delaware’s political-balance provision. Several justices wrote separately about the proper treatment of the constitutional claim and certification.
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