Carney v. Adams

At a Glance

CLC filed an amicus brief in a Supreme Court case concerning the mandatory partisan balancing of Delaware’s state courts. The court’s decision could have ramifications for partisan-balance requirements in a wide variety of other federal and state government entities, including those responsible for overseeing electoral issues.

Status
Active
Updated
Issues
Redistricting
About This Case/Action

Section 3 of the Delaware Constitution provides that no more than a “bare majority” of judges on certain state courts may be members of one party, and the remainder must be of the other major political party. James Adams, who is unaffiliated with either the Democratic or Republican party, argues that this violates his First Amendment rights by excluding individuals like him from serving as judges. He contends that partisan balancing is insufficient to serve as a compelling interest to preserve well-functioning judiciaries. The U.S. Court of Appeals for the Third Circuit ruled in Adams’s favor, holding that the partisan balancing requirements in Section 3 were unconstitutional. The U.S. Supreme Court granted the state’s petition for certiorari, and CLC filed an amicus brief defending the general constitutionality of partisan-balance requirements, emphasizing the far-reaching ramifications the case could have for other agencies that benefit from political equilibria.

What’s at Stake:

Many federal and state entities are governed by, and function independently because of, carefully constructed political balances. A broad ruling in Adams’s favor could lead to the disassembly of these structures.

In particular, a broad ruling invalidating Section 3’s “bare majority” requirement could jeopardize the political equilibria of countless agencies, commissions, and panels outside of Delaware – equilibria that has been expressly authorized by voters through their representatives. Federal and state governments have relied on these intentionally politically balanced structures to govern across a range of issues, not limited to the judiciary. Partisan-balance is used to prevent single-party rule in many agencies that oversee politically consequential activities – notably, commissions that oversee elections and redistricting processes.

CLC filed a friend-of-the-court brief in the U.S. Supreme Court defending Section 3 of Delaware’s constitution. States should be empowered to set eligibility criteria for their judicial officers and the U.S. Supreme Court has already held that state governments may consider political affiliation in making employment decisions about policymakers. Indeed, two other appeals courts have already concluded that judges are policymakers under those U.S. Supreme Court decisions. CLC’s brief also argues that, to the extent the Supreme Court invalidates Section 3, its decision should be narrow and avoid casting doubt on the constitutionality of other partisan-balancing regimes. 

CLC to Present Oral Arguments Before Eleventh Circuit on Florida’s Modern-Day Poll Tax with Press Conference to Follow

Date
Body

ATLANTA, Ga. – On the morning of Tuesday, January 28, the U.S. Court of Appeals for the Eleventh Circuit will hear oral arguments in the ongoing Jones v. DeSantis litigation challenging the constitutionality of Florida’s modern-day poll tax on citizens with felony convictions that were re-enfranchised by Amendment 4, but who are unable to pay legal financial obligations such as court fines and fees. This case has been consolidated with Gruvar v. Barton, Raysor v. Lee, and McCoy v. DeSantis. 

Immediately following the court proceedings, Rosemary McCoy, the named plaintiff in the McCoy v. DeSantis case will be joined by counsel from the ACLU, the Campaign Legal Center (CLC), and the Southern Poverty Law Center (SPLC).

The oral arguments will focus on Governor Ron DeSantis’s appeal of the District Court’s preliminary injunction of SB 7066 and are being heard on an expedited schedule that could determine whether all Floridians with felony convictions and financial hardship will be able to vote in the presidential primary elections on March 17. 

In order to facilitate the press conference, if you would like to attend in-person, remotely by phone, or receive a transcript or video footage.

PLEASE RSVP HERE

 

 

Oral Arguments in Jones v. DeSantis

Between 9AM ET - 10AM ET

Courtroom 338

Elbert T. Tuttle United States Court of Appeals Building

56 Forsyth Street, N.W.

Atlanta, GA

 --

End Florida’s Modern-Day Poll Tax Press Conference

10:30AM ET

Southern Center for Human Rights

60 Walton Street, N.W.

Atlanta, GA

 

SPEAKERS

  • Rosemary McCoy, named plaintiff and voting rights activist

  • Julie Ebenstein, Senior Staff Attorney for the ACLU 

  • Danielle Lang, Co-Director of Voting Rights & Redistricting for the Campaign Legal Center

  • Nancy Abudu, deputy legal director for the Southern Poverty Law Center

  • James “Major” Woodall, President of the Georgia NAACP

  • Tariq Baiyina, Community Organizer for IMAN Atlanta

Issues
Voting and Elections

Marc Lawrence-Apfelbaum Completes Report on Expanding CLC’s Efforts to Confront Foreign Election Interference and Online Disinformation Threats

Body

Campaign Legal Center (CLC) is pleased to report that Marc Lawrence-Apfelbaum, serving as a special advisor, has completed a project to provide recommendations on ways that CLC can expand its efforts to confront foreign election interference and online disinformation threats to U.S. elections.

Lawrence-Apfelbaum’s recommendation was based on extensive research as well as interviews with more than 40 technical, legal, and policy experts and current and former government officials from the U.S. and other democracies around the world. The internal report outlines legislative proposals, administrative actions, and policy work that CLC can undertake and expand in these crucial areas.

“CLC is grateful to Marc for his comprehensive report, which outlines several practical steps that we can pursue to help to better confront cyber threats to our democracy,” said Trevor Potter, CLC’s Founder and President. “We’re glad that he’s agreed to continue as an informal advisor to help us implement his proposals.”

“I’m very appreciative that Trevor and CLC gave me an opportunity to delve into and help to address these ongoing online threats,” said Lawrence-Apfelbaum.  “I look forward to continuing to help CLC to expand its work to confront these threats in advance of the 2020 elections.”

Lawrence-Apfelbaum will be speaking on February 7 on an election-integrity panel at Georgetown Law’s Institute for Technology Law & Policy. He will present ideas he developed at CLC on the need for federal legislation to address potential election day cyber threats. You can see more about the program at https://www.georgetowntech.org/electionintegrity/. 

Marc Lawrence-Apfelbaum Completes Report on Expanding CLC’s Efforts to Confront Foreign Election Interference and Online Disinformation Threats

Body

Campaign Legal Center (CLC) is pleased to report that Marc Lawrence-Apfelbaum, serving as a special advisor, has completed a project to provide recommendations on ways that CLC can expand its efforts to confront foreign election interference and online disinformation threats to U.S. elections.

Lawrence-Apfelbaum’s report was based on extensive research as well as interviews with more than 40 technical, legal, and policy experts and current and former government officials from the U.S. and other democracies around the world. It outlines legislative proposals, administrative actions, and policy work that CLC can undertake and expand in these crucial areas.

“CLC is grateful to Marc for his comprehensive report, which outlines several practical steps that we can pursue to help to better confront cyber threats to our democracy,” said Trevor Potter, CLC’s Founder and President. “We’re glad that he’s agreed to continue as an informal advisor to help us implement his proposals.”

“I’m very appreciative that Trevor and CLC gave me an opportunity to delve into and help to address these ongoing online threats,” said Lawrence-Apfelbaum.  “I look forward to continuing to help CLC to expand its work to confront these threats in advance of the 2020 elections.”

Lawrence-Apfelbaum will be speaking on February 7 on an election-integrity panel at Georgetown Law’s Institute for Technology Law & Policy. He will present ideas he developed at CLC on the need for federal legislation to address potential election day cyber threats. You can see more about the program at https://www.georgetowntech.org/electionintegrity/. 

Subscribe to