5th Circuit: DeLay on ballot

A panel of the Fifth Circuit Court of Appeals has ruled that Tom DeLay must stay on the November ballot as the Republican nominee.

I expect that the TexasGOP will request an en banc hearing. You'd think they'd be unlikely to get the hearing of all the judges on the 5th Circuit, but who knows? I certainly don't: I didn't give Democrats much chance to keep DeLay on the ballot. Generally election law is always construed as loosely as possible to allow voters a choice.

But this was a unanimous opinion, with recent SCOTUS runner-up Joy Clement joining the two Clinton appointees in affirming Judge Sparks' opinion. That seems to bode very poorly for chances of Supreme Court certiori or 5th Circuit en banc re-hearing.

DeLay has indicated that he'll run if the 5th Circuit wouldn't allow the party to replace him on the ballot. This may mean I have to dust off the old DeLay vs World that I haven't really maintained since DeLay quit (or tried to, anyway) the race. I wasn't particularly interested in writing about the legal maneuverings (boring!) or the replacement process (Chris Elam was doing a much better job of covering it than I could have). But if there's a race...

Posted by Evan @ 08/03/06 03:11 PM


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