On Monday, attorneys representing Delaware Gov. John Carney are set to argue to the U.S. Supreme Court that the state’s longstanding requirement of politically balanced courts is constitutional.

Carney, who is represented by attorneys from Wilson Sonsini Goodrich & Rosati, has asked the Supreme Court to reverse decisions made by the district court and the U.S. Court of Appeals for the Third Circuit, both of which sided with retired attorney James Adams and determined the Delaware provisions in question violated the First Amendment.

“The fact that the court took the case suggests that the justices have at least serious questions about what happened below,” said Steffen Johnson, chair of Wilson Sonsini’s Supreme Court and appellate practice and one of the attorneys who will be present for Monday’s phone argument. “We believe the theory that the plaintiff is pressing stretches the Supreme Court decisions that he’s relying on beyond the breaking point.”

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