Potter who happened to be Delaware's
Democratic National Committeeman, and he had also been the lawyer who
had won the earlier case ruling that the AG had to represent public
officers, so he must have known what he was doing was illegal.
2: Paragraph 8 There were three justices on the panel that heard the
case: Chief Justice Wolcott was a friend of Potter's and a former
partner in Potter's firm who was appointed by the former governor, the
same Democrat who had appointed Justice Carey and was a close friend of
Lyndon Johnson's, and Justice Herrman had been appointed by the Democrat
who was then governor. On 14 October the court ruled unanimously
against the Constitution Party and never addressed the fact that the
bill under which the clerks rejected the Party's petitions hadn't ever
become law because the governor waited too long to sign it.
2: Paragraph 9 It was too late by then to appeal that decision to
the U. S. Supreme Court before the 8 November election. The polls
showed the Republicans' incumbent candidates for Senator and AG leading,
and the Democrats' incumbent candidate for Representative was ahead of
the Republican. On 28 October the Constitution Party publicly asked its
supporters to vote for the Republican candidates. The Republicans won
all six statewide offices by the largest margins in Delaware's history,
ten times what the Democrats' majorities had been in 1960.
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