In Re: Request for an Opinion of the Justices

Summary

The Delaware Supreme Court declined to answer the Governor’s questions concerning the constitutionality and interpretation of the Delaware Constitution’s political-balance requirement. It concluded that the questions were primarily federal constitutional issues already pending in federal litigation, and that an advisory opinion under 10 Del C. § 141 would be personal, nonbinding, and unable to provide the requested certainty. The Court indicated that an expedited decision in the pending federal action or a new state trial-court action could produce a binding resolution.