Court Rules "DeLay Stays"

Court rules GOP can't replace DeLay on ballot

AUSTIN - The 5th U.S. Circuit Court of Appeals today ruled that former U.S. Rep. Tom DeLay must stay on the November ballot for the office he resigned in June, according to a lawyer for the Texas Democratic Party. Details of the ruling were not immediately available. Democrats sued Texas Republican Chairman Tina Benkiser had violated state law and the U.S. Constitution in declaring DeLay ineligible for office so the party could replace him on the ballot. U.S. District Judge Sam Sparks of Austin agreed with the Democrats' position last month and issued an injunction against Benkiser. The GOP appealed the decision to the New Orleans-based 5th Circuit. A panel of two Democratic presidential appointees and one Republican appointee heard the case on Monday in New Orleans. Republican lawyer James Bopp Jr. has said the party will appeal again, if it lost the ruling before the panel. The party could ask the full 5th Circuit to hear their appeal, or they could take the case to the U.S. Supreme Court

Am I the only who thinks that it's kind of strange to have someone on the ballot who resigned seven months BEFORE the actual election? There have been people on the ballot that died, true, but that wasn't planned on their part. Delay resigned, take him off the ballot, for petes sake. How will the Dems feel if he actually WINS the election? :)