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IN RE GOVERNOR FOR OPINION OF JUSTICES

No. 320, 2010.

997 A.2d 668 (2010)

In re Request of the GOVERNOR FOR an OPINION OF the JUSTICES.

Supreme Court of Delaware.

Decided: July 9, 2010.

Attorney(s) appearing for the Case

William J. Wade, Gregory P. Williams, Todd A. Coomes, and Elizabeth R. He, Richards, Layton & Finger, P.A., Wilmington, Delaware, for a Negative Response.

Lawrence W. Lewis, State Solicitor, Judy Oken Hodas, and Thomas E. Brown, Department of Justice, Wilmington, Delaware for an Affirmative Response.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices.

To The Honorable Jack Markell, Governor of the State of Delaware:

We respond to your May 28, 2010 letter requesting our opinions whether you may serve on the National Assessment Governing Board without effectively resigning the office of Governor of the State of Delaware, under Article III, Section 11 of the Delaware Constitution of 1897, which proscribes your accepting an "office under the United States."1 The Federal Secretary of Education...

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