Supreme Court of Delaware
In Re Request of the Governor for an Opinion of the Justices
July 9, 20102010 Del. LEXIS 333
Summary
The court advised that the Governor could serve on the National Assessment Governing Board without effectively resigning as Governor under Article III, Section 11. It reasoned that the Board is an advisory committee whose members were neither nominated by the President nor subject to supervision by a Senate-confirmed principal officer, and therefore the position is federal employment rather than an office exercising federal sovereign power. The unanimous opinion also stated that advisory opinions issued without a case or controversy do not bind future litigation.