Judge won’t toss suit over Delaware court political balance
Family Law
A federal judge has refused to dismiss a lawsuit against Democratic Gov. John Carney over Delaware’s requirement for political balance on its courts.
Friday’s ruling is the latest in a long-running legal battle over a “major-party” provision in Delaware’s constitution under which judicial appointments to the state’s three highest courts are split between Republicans and Democrats.
The Supreme Court, Court of Chancery and Superior Court are subject to a separate “bare majority” provision that also applies to Family Court and the Court of Common Pleas. That provision says no more than a bare majority of judges on those courts can be affiliated with a single political party.
The result of the major-party provision is that any person not affiliated with either the Republican or Democratic Party is unable serve on the Supreme Court, Superior Court or Court of Chancery.
Wilmington lawyer James Adams, a former Democrat who is now an unaffiliated voter, claims that the provision violates his First and Fourteenth Amendment rights by barring him from being considered for a judgeship on the Superior Court, a position for which he has twice applied and been rejected.
Judge Maryellen Noreika ruled Friday that Adams had legal standing to challenge the major-party provision and denied the governor’s motion to dismiss the lawsuit.
Related listings
-
Court rules for officer in Oklahoma teen’s death lawsuit
Family Law 09/19/2022An appeals court ruling could mean the end of a federal lawsuit filed by the parents of a Black teenager who was naked and unarmed when he was shot and killed by suburban Oklahoma City police in 2019.Police said 17-year-old Isaiah Lewis was naked whe...
-
Court rehears fight over vaccine mandate for federal workers
Family Law 09/13/2022President Joe Biden has the same authority to impose a COVID-19 vaccine requirement on federal workers that private employers have for their employees, an administration lawyer told a federal appeals court Tuesday.A lawyer for opponents of the vaccin...
-
Louisiana seeks suspension of block on enforcement
Family Law 07/22/2022A day after a state judge blocked enforcement of Louisiana’s abortion ban, state officials asked the same judge to suspend his own ruling while they pursue an appeal.Lawyers for state Attorney General Jeff Landry and health secretary Courtney P...
How do you qualify for workers compensation in Illinois?
The Workers’ Compensation Statute protects every employee in the State of Illinois.
A victim of a work-related injury or illness is eligible for many forms of compensation including reasonable medical care required to cure or relieve the impact of the injury, lost time from work, and any temporary or permanent disability.
Illinois Workers’ compensation is a system of benefits that:
– Pays for the medical treatment and medical bills incurred by work-related injuries and illnesses.
– Pays for the lost time from work
– Pays for any temporary or permanent disabilities
– Covers nearly every employee in Illinois
– and begins the very first day that you start working for your employer.
Employers in Illinois are required to purchase workers’ compensation insurance for their employees and the insurance companies fund the payment of worker’s compensation benefits for employees’ claims. In the event of a dispute, the Illinois Workers’ Compensation Commission (IWCC, or the Commission) enforces the state’s worker’s compensation laws and protects worker rights.