A federal appeals court panel on Thursday refused to let Texas Republicans replace Tom DeLay's name on the November congressional ballot.

A three-judge panel of the 5th U.S. Circuit Court of Appeals upheld a ruling by U.S. District Judge Sam Sparks, who said in July that DeLay name had to stay on the ballot even though he quit from Congress and moved to Virginia.

DeLay won a March primary before resigning from Congress on June 9. He is awaiting trial in Texas state court on money laundering and conspiracy charges alleging that illegal corporate cash helped pay for legislative campaigns in 2002.

Republicans want to pick another nominee to face Democrat Nick Lampson in November. Democrats sued to keep DeLay on the ballot. Keeping him on the ballot gives them the opportunity to make the indicted former House majority leader their symbol for claims that the Republicans are corrupt.

Thursday's ruling said that GOP state chairwoman Tina Benkiser acted unconstitutionally when she tried to remove DeLay as the party nominee because he lived in Virginia. Democrats had noted that DeLay's wife, Christine, still lives in the DeLays' house in Sugar Land, just outside Houston.

The U.S. Constitution says that anyone who lives in the state on the day of the election is qualified to run for Congress, the 5th Circuit said.

"Proof of DeLay's present residency may suggest where he will be in the future; however, it does not put the matter beyond dispute or question," the opinion said.

Forbes

"Some of them put on their cowboy boots and put their feet up on the desk." -Wes Clark

http://www.newsmax.com/archives/ic/2006/8/3/143257.shtml?s=icp

Thursday, Aug. 3, 2006 2:31 p.m. EDT

Court: Tom DeLay's Name to Stay on Ballot

A federal appeals court on Thursday refused to let Texas Republicans replace Tom DeLay's name on the November congressional ballot.

The 5th U.S. Circuit Court of Appeals upheld a ruling by U.S. District Judge Sam Sparks, who said in July that DeLay's name had to stay on the ballot even though he quit Congress and moved to Virginia.

DeLay won a March primary before resigning from Congress on June 9. He is awaiting trial in Texas state court on money laundering and conspiracy charges alleging that illegal corporate cash helped pay for legislative campaigns in 2002.

© 2006 Associated Press.

Update: The Texas Republicans say they'll appeal the ruling to the U.S. Supreme Court.

(Link goes to TPMMuckraker.)

Anyone surprised???

Once in a while you get shown the light, In the strangest of places if you look at it right. - Hunter/Garcia

http://www.cnn.com/CNN/Programs/situation.room/blog/2006/08/gop-files-emergency-supreme-court.html

Monday, August 07, 2006

GOP files emergency Supreme Court petition to block DeLay ballot ruling

WASHINGTON (CNN) -- The Texas Republican Party filed an emergency petition with the U.S. Supreme Court asking for an order to block a lower court's ruling last week that said former congressman Tom DeLay's name cannot be removed from the general election ballot in Texas' 22nd congressional
district.

The application was filed with Justice Antonin Scalia, who has jurisdiction over appeals in Texas.

The state GOP is asking that no action be taken until it can file an appeal with the full Supreme Court.

The 5th Circuit U.S. Court of Appeals last week upheld a district judge's ruling that DeLay, who won a GOP primary in March before resigning his congressional seat, must remain on the ballot.

The Republican Party wants to replace DeLay with another candidate to face Democratic nominee Nick Lampson in the fall election.

Posted By CNN's Washington Bureau: 8/07/2006 03:18:00 PM ET | Permalink

via Muckraker:

http://www.tpmmuckraker.com/archives/001289.php

By Paul Kiel - August 7, 2006, 5:01 PM

Bad news for Tom DeLay.

Lawyer for the Texas Republicans James Bopp has just issued a notice that Justice Antonin Scalia has denied their stay request.

That means that Tom DeLay WILL be forced to run again -- or watch the Democrat opponent run without a GOP opponent.

Here's to us all...

LindaG

http://www.newsmax.com/archives/ic/2006/8/8/143020.shtml?s=ic

Tuesday, Aug. 8, 2006 2:28 p.m. EDT

Tom DeLay Clears Path for Write-In Candidate

Former House Majority Leader Tom DeLay intends to withdraw as a candidate for Congress, a Republican strategist said Tuesday, a step that would allow the party to field a write-in candidate in hopes of holding his seat.

The development came one day after Texas Republicans lost a court battle in their bid to replace DeLay on the November ballot.

There will be no Republican candidate to face Democrat Nick Lampson, a former House member.

Texas Republicans on Monday abandoned their court fight to replace DeLay on the November ballot after being turned back at the Supreme Court.

The decision came after Justice Antonin Scalia rejected Texas Republicans' request to block an appeals court ruling saying DeLay's name should remain on the ballot.

"I think all our legal avenues are exhausted in terms of affecting the ruling prior to the election," said Jim Bopp Jr., the attorney who argued the Republican Party's case to allow party officials to substitute another candidate for DeLay.

Under indictment on money laundering charges in Texas, DeLay won a March primary election that made him the Republican nominee for Congress from his home district near Houston. In June, he resigned from Congress and said he would not seek re-election.

Democrats had sued to keep DeLay on the ballot, with the former lawmaker's legal troubles becoming a symbol for claims of Republican corruption.

In a statement late Monday, Bopp warned Democrats, "Be careful what you ask for."

The lawyer said Democrats "insisted he run for Congress, now it's up to voters to decide if Democrats are going to be happy" on Election Day.

DeLay is awaiting trial in Texas state court on money laundering charges alleging that illegal corporate cash helped pay for legislative campaigns in 2002.

© 2006 Associated Press.