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John C. Carney Jr., D-Delaware. Credit: Wikimedia Commons[/caption] Gov. John Carney is appealing a federal district court ruling last year striking down a provision of the Delaware Constitution that requires party balance on key state courts. Attorneys for Carney filed an amended notice of appeal Wednesday morning of U.S. Chief Magistrate Judge Mary Pat Thynge of the District of Delaware's Dec. 6 memorandum opinion, which found on summary judgment that the 120-year-old mandate violated the First Amendment by restricting government employment based on party affiliation. The requirement affects the state Supreme Court and Delaware Court of Chancery, which are central to interpreting corporate law in a state that is home to more than half of the Fortune 500. The provision mandates that no more than three persons on each five-member court be registered with either of the two major parties. James R. Adams, a retired New Castle County lawyer, launched his legal challenge in February 2017, arguing that Article IV, Section 3 of the state constitution unfairly excluded independents from holding judgeships and tainted the judicial selection process with political bias. Adams is not registered with either major party. Carney, who is responsible for nominating judges, said the party-balance requirement safeguards a fair, independent and impartial judiciary that attracts top talent to serve in its ranks. In recent court filings, he has called Thynge's decision "unprecedented" and asked that it be stayed pending appeal to the U.S. Court of Appeals for the Third Circuit. “The potential ramifications of this court’s decision could be widespread, creating a cloud of uncertainty over the judicial nomination process nationwide,” his attorney, Young Conaway Stargatt & Taylor partner David C. McBride, wrote in a brief last week. Thynge could rule on Carney's motion to stay in the coming days, but McBride indicated last week that the governor's legal team would not necessarily wait for the issue to be decided before filing their appeal. In May, Thynge refused Carney's request for reconsideration in the case. In Wednesday's filing, McBride and the Young Conaway team said the governor was appealing the original summary judgment ruling, as well as the orders entered last month. There are currently two open judgeships on the Delaware state courts, and the General Assembly is expected to authorize the creation of two new Chancery Court positions this month. Adams is represented by David L. Finger of Finger & Slanina. Carney is represented by McBride, Martin S. Lessner and Pilar G. Kraman of Young Conaway and Christian D. Wright and Ryan Patrick Connell of the Delaware Department of Justice’s Civil Division. The case, in the U.S. District Court for the District of Delaware, was captioned Adams v. Carney.