Bill Text: DE SCR16 | 2025-2026 | 153rd General Assembly | Draft
Bill Title: Requesting An Advisory Opinion Of The Justices Of The Delaware Supreme Court Regarding The Validity Of Gubernatorial Nominations Before The Delaware State Senate.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Enrolled) 2025-01-30 - Passed By House. Votes: 34 YES 3 NOT VOTING 4 ABSENT [SCR16 Detail]
Download: Delaware-2025-SCR16-Draft.html
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SPONSOR: |
Sen. Sokola & Sen. Townsend & Sen. Lockman & Rep. Osienski & Rep. Harris & Rep. Minor-Brown |
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE CONCURRENT RESOLUTION NO. 16
REQUESTING AN ADVISORY OPINION OF THE JUSTICES OF THE DELAWARE SUPREME COURT REGARDING THE VALIDITY OF GUBERNATORIAL NOMINATIONS BEFORE THE DELAWARE STATE SENATE.
WHEREAS, the General Assembly is not aware of an instance in which a Governor in Delaware ever before has sought to withdraw nominations the preceding Governor had submitted to the State Senate; and
WHEREAS, on January 21, 2025, the current Governor sent to all members of the Delaware State Senate a letter purporting to withdraw nominations the immediately previous Governor submitted to the State Senate on January 17, 2025 (the “Nominations”); and
WHEREAS, on January 30, 2025, the Senate Executive Committee held a hearing on the Nominations, during which the Senate Executive Committee noted the legal basis for hearing the Nominations, received testimony on the qualifications of the nominees, and reported the Nominations out of committee in preparation for consideration by the full State Senate; and
WHEREAS, the current Governor has called into question the constitutionality of the Nominations and indicated that he will bring a legal challenge to the Nominations; and
WHEREAS, the General Assembly believes the Nominations relate to a topic of critical, urgent importance to the Delaware economy and to many thousands of Delaware workers, present and future; and
WHEREAS, in addition to respecting this import and urgency, the State Senate wishes to employ a process of reasoned, informed deliberation in consideration of nominations before it, including the Nominations, and ensuring the constitutionality and legality thereof; and
WHEREAS, the General Assembly desires the opinion of the Justices of the Delaware Supreme Court as to whether a Delaware Governor can withdraw nominations submitted by the preceding Governor that otherwise are properly before the State Senate; and
WHEREAS, § 141 of Title 10 of the Delaware Code authorizes the General Assembly, by a vote of a majority of the members elected to each House, to request an opinion of the Justices of the Delaware Supreme Court regarding the proper construction of any provision of the Delaware Constitution to enable the General Assembly to discharge its duties.
BE IT RESOLVED by the Senate of the 153rd General Assembly of the State of Delaware, the House of Representatives concurring therein, that that the General Assembly requests the opinion of the Justices of the Delaware Supreme Court as to the following:
(1) Did the Delaware Constitution, including Article III, Section 9 thereof, empower Governor Bethany Hall-Long to submit nominations to the State Senate on a date between January 7, 2025, and January 21, 2025?
(2) If the answer to Question 1 is affirmative, does the Delaware Constitution, including Article III, Section 9 thereof, and separation of powers considerations imbued therein, permit Governor Matthew Meyer to withdraw the Nominations lawfully before the Senate for consideration?
BE IT FURTHER RESOLVED that the General Assembly kindly requests that, if possible, the Justices of the Delaware Supreme Court issue an opinion in response to this Concurrent Resolution by Monday, March 10, 2025.
BE IT FURTHER RESOLVED that the General Assembly expresses its sincere appreciation for efforts the Justices of the Delaware Supreme Court undertake in response to this Concurrent Resolution, amidst their many and varied responsibilities in service to the people of Delaware.
BE IT FURTHER RESOLVED that the General Assembly directs the President Pro Tempore of the Senate and the Speaker of the House of Representatives to forward a copy of this Concurrent Resolution to the Justices of the Delaware Supreme Court within 5 days of final passage of this Concurrent Resolution.
BE IT FURTHER RESOLVED that the General Assembly directs the President Pro Tempore of the Senate and the Speaker of the House of Representatives to forward a copy of this Concurrent Resolution to the Governor within 5 days of forwarding a copy of this Concurrent Resolution to the Justices of the Delaware Supreme Court.
SYNOPSIS
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.
Author: Senator Sokola
