The constitutionality of the Delaware Court of Chancery’s confidential arbitration program is not an issue the U.S. Supreme Court should review because there is uniformity on the matter among the nation’s federal courts. An open government advocacy group made the argument in its response to the Chancery Court’s efforts to overturn the U.S. Court of Appeals for the Third Circuit decision invalidating the program.

David L. Finger, the attorney representing the advocacy group, the Delaware Coalition for Open Government, filed the motion Monday in response to the Chancery Court’s petition asking the U.S. Supreme Court for a writ of certiorari.