March 29, 2020
Delaware has fewer than 1 million inhabitants, but it has 1.4 million registered corporations, including two-thirds of the Fortune 500 companies. Which means a lot of corporate law is practiced before judges in Delaware.
Delaware also has a peculiar law that requires that three of its state supreme court justices be affiliated with “one major political party,” and that the other two be affiliated with “the other major political party.” It’s a law that’s probably unconstitutional. I say that because a federal judge so ruled, and the U.S. Court of Appeals for the Third Circuit agreed.
The State of Delaware appealed that decision to the U.S. Supreme Court, which accepted the case. Oral arguments had been scheduled for last Wednesday, but the coronavirus has put the kibosh on oral argument for the near future.
If I were a gambling man (which, occasionally, I am), I would bet that the U.S. Supreme Court eventually affirms the lower courts.