Carney v. Adams (19-309)

argument 19-309

Carney v. Adams

Supreme Court of the United States 1h 1m 8 speakers 8 chapters transcribed 6 days ago official recording ↗

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What constitutional issue does Carney v. Adams raise about Delaware’s judicial appointment system?

John G. Roberts 0:00

Our first case today is number nineteen three oh nine, John Carney, Governor of Delaware versus James Adams. Mr. McConnell.

Unknown 0:11

Mr Chief Justice, and may it please the court. fundamental feature of our system of federalism recognized most clearly in Gregory versus Ashcroft Is that states have broad leeway in setting qualifications for their high ranking officials, including their judges? Delaware has used that freedom to create a system unique among the states of constitutionally mandated political balance for its judiciary, with the result that Delaware's courts are widely regarded as the least partisan and most professional in the nation. The Third Circuit has upended that system based on an implausible reading of this court's political patronage cases. Orod and Branty expressly permit using political affiliation for appointments to high level discretionary positions.

Unknown 0:59

But even if we're wrong about that. The Delaware provisions serve a compelling interest in creating a uniquely balanced and nonpartisan judiciary. Now to make matters worse, the Third Circuit invalidated the bare majority provision based solely on severability. Despite having found that mister Adams has no standing to challenge that requirement. That analysis directly conflicts with both federal and state severability doctrines. There is no doubt whatsoever that the bare majority requirement can stand on its own. It stood on its own for more than fifty years from eighteen ninety seven to nineteen fifty one. It stands on its own with respect to two of Delaware's five constitutional courts even today.

Unknown 1:42

There is not the slightest reason to believe that Delaware's constitutional drafters would eliminate the bare majority requirement if they knew the major party provision would be struck down. That said, both provisions of the Delaware Constitution passed muster under the First Amendment, and mister Adams, who passed up the chance to apply for a host of judgeships both before and after changing party affiliation, lacks standing to challenge either one. I look forward to your question.

John G. Roberts 2:12

Well, Mr. McConnell, I'd like to begin with um the standing issue. Um our cases like Graz in northeastern Florida require that a plaintiff uh injured by being excluded from competing for a position need only establish that he's ready and able uh to apply for it. Uh don't you think he's ready and able?

Unknown 2:36

He he shows by his actions that he is neither he may be able but he isn't ready and that there were numerous judgeships for which he was constitutionally uh eligible and didn't apply. It would be as if in the n in the uh contractor case uh a a a suit was brought by somebody who had been offered a contract and just chose not to take it.

John G. Roberts 2:58

Well, I don't think that's uh applicable. The contractor wants to uh enter into any contract he can to sell his goods, but uh just because Adams uh uh passed up some judgeships doesn't mean he's not interested uh in in one uh that will become available or uh was available when the others were.

Unknown 3:17

Well, Mr. Chief Justice, he he testified in his deposition under oath that he was interested in all five uh courts. He was specifically asked all five of the courts, and his answer was yes.

John G. Roberts 3:30

Well, he also said that he would consider and apply for the next available judicial position. He said that uh under oath at the summary judgment sta stage. What what more does he have to do?

Unknown 3:42

Well he did not in fact apply for the next available position even when he was eligible for it.

John G. Roberts 3:52

Is there anything else he has to do? He s he satisfies all of the qualifications. He seemed adamant about wanting a position.

Unknown 4:00

Uh his actually even his allegations have been have fallen very short of the concrete plans that this court uh requires in in Luhan. His allegations have been vague in the extreme. He said he has desired and still desires a a judgeship. That's from a sa amended complaint. He says that he would seriously consider and apply for uh a uh a a judgeship. That's from his uh answers to interrogatories. He never out and out says that if that he will apply for uh a judgeship if the if uh if he becomes eligible.