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IN RE REQUEST FOR AN OPINION OF JUSTICES

No. 535, 2011.

37 A.3d 860 (2012)

In re REQUEST FOR AN OPINION OF the JUSTICES OF the DELAWARE SUPREME COURT REGARDING HOUSE BILLS NOS. 134 AND 135 OF the 146th GENERAL ASSEMBLY.

Supreme Court of Delaware.

Decided: January 23, 2012.

Attorney(s) appearing for the Case

Donald E. Reid (argued), Eric S. Wilensky and Karl G. Randall , Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware.

Paul R. Wallace (argued) and Morgan T. Zurn , Department of Justice, Wilmington, Delaware.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

Dear Governor Markell:

The Justices each acknowledge receipt of your letter of October 6, 2011, requesting our opinions on "the question of whether House Bill Nos. 134 and 135, if both became law, would violate the Delaware Constitution or Constitution of the United States." As mentioned, 10 Del. C. § 141(a) and 29 Del. C. § 2102 permit the Justices to opine on the constitutionality of legislation passed...

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