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SCR16 • 2025

REQUESTING AN ADVISORY OPINION OF THE JUSTICES OF THE DELAWARE SUPREME COURT REGARDING THE VALIDITY OF GUBERNATORIAL NOMINATIONS BEFORE THE DELAWARE STATE SENATE.

REQUESTING AN ADVISORY OPINION OF THE JUSTICES OF THE DELAWARE SUPREME COURT REGARDING THE VALIDITY OF GUBERNATORIAL NOMINATIONS BEFORE THE DELAWARE STATE SENATE.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Last action
2025-01-30
Official status
Passed By House. Votes: 34 YES 3 NOT VOTING 4 ABSENT
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Request for Legal Advice About Governor's Nominations

This resolution asks the Delaware Supreme Court to give an opinion on whether a new governor can withdraw nominations made by the previous governor that are still being considered by the State Senate.

What This Bill Does

  • Asks the Delaware Supreme Court for advice about a legal question.
  • The question is if a new governor can take back nominations from the old governor that are waiting to be approved or rejected in the State Senate.
  • This resolution does not make any laws, but it asks judges to share their thoughts on an important issue.

Who It Names or Affects

  • The Delaware Supreme Court justices will receive and respond to this request for advice.
  • Governors of Delaware might use the court's opinion when deciding how to handle nominations from previous governors.

Terms To Know

Gubernatorial
Related to a governor, who is the leader of a state in the United States.
Advisory Opinion
A statement from judges giving their thoughts on a legal question without making a final decision.

Limits and Unknowns

  • This resolution does not change any laws or create new ones.
  • The Supreme Court's opinion is advice and may not be legally binding, but it can influence how people act in the future.

Bill History

  1. 2025-01-30 Delaware General Assembly

    Introduced and Laid on Table in Senate

  2. 2025-01-30 Delaware General Assembly

    Lifted From Table in Senate

  3. 2025-01-30 Delaware General Assembly

    Passed By Senate. Votes: 19 YES 2 VACANT

  4. 2025-01-30 Delaware General Assembly

    Passed By House. Votes: 34 YES 3 NOT VOTING 4 ABSENT

Official Summary Text

REQUESTING AN ADVISORY OPINION OF THE JUSTICES OF THE DELAWARE SUPREME COURT REGARDING THE VALIDITY OF GUBERNATORIAL NOMINATIONS BEFORE THE DELAWARE STATE SENATE.
This Concurrent Resolution requests an advisory opinion of the Justices of the Delaware Supreme Court regarding whether a Delaware Governor can withdraw nominations submitted by the preceding Governor that otherwise are properly before the State Senate.