No. __-____ In the Supreme Court of the United States __________ GOVERNOR OF DELAWARE, PETITIONER v. JAMES R. ADAMS, RESPONDENT __________ ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT __________ PETITION FOR WRIT OF CERTIORARI __________ RANDY J. HOLLAND MICHAEL W. MCCONNELL Wilson Sonsini Goodrich Counsel of Record & Rosati, PC Wilson Sonsini Goodrich 222 Delaware Avenue & Rosati, PC Suite 800 650 Page Mill Road Wilmington, DE 19801 Palo Alto, CA 94304 (302) 304-7600 (650) 493-9300
[email protected] DAVID C. MCBRIDE MARTIN S. LESSNER STEFFEN N. JOHNSON PILAR G. KRAMAN BRIAN J. LEVY Young Conaway Stargatt Wilson Sonsini Goodrich & Taylor, LLP & Rosati, PC Rodney Square 1700 K Street, N.W. 1000 North King Street Washington, DC 20006 Wilmington, DE 19801 (202) 973-8800 (302) 571-6600 Counsel for Petitioner i QUESTIONS PRESENTED 1. Does the First Amendment invalidate a longstanding state constitutional provision that limits judges affiliated with any one political party to no more than a “bare majority” on the State’s three high- est courts, with the other seats reserved for judges af- filiated with the “other major political party”? 2. Did the Third Circuit err in holding that a pro- vision of the Delaware Constitution requiring that no more than a “bare majority” of three of the state courts may be made up of judges affiliated with any one po- litical party is not severable from a provision that judges who are not members of the majority party on those courts must be members of the other “major po- litical party,” when the former requirement existed for more than fifty years without the latter, and the for- mer requirement, without the latter, continues to gov- ern appointments to two other courts? ii PARTIES TO THE PROCEEDINGS AND RULE 29.6 CORPORATE DISCLOSURE STATEMENT The parties to the proceedings include all those listed on the cover.