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2006-08-08 Home Front: Politix

U.S. Supreme Court Justice Antonin Scalia rejected a request from Texas Republicans on Monday to allow the GOP to replace former U.S. Rep. Tom DeLay on the general election ballot. "In terms of legal options, they are exhausted," Republican lawyer James Bopp Jr. said. "The order will stand requiring Tom DeLay to stay on the ballot." Republicans have reached the end of the road and it is now up to DeLay to decide whether to campaign for the 22nd Congressional District seat he held for more than 20 years. DeLay has suggested he is up for a fight if forced to stay on the ballot, but he once walked away from the race and faces a serious challenge from Democratic nominee Nick Lampson.

Last week, a three-judge panel of the 5th U.S. Circuit Court of Appeals upheld an injunction issued by U.S. District Judge Sam Sparks that prohibited the state Republican Party from replacing DeLay. "We've always been confident in our legal position. It's time to put all the legal proceedings behind us and move on to a vigorous campaign," said Cris Feldman, lawyer for the Texas Democrats. "It's time for Tom DeLay to decide if he is going to cut or run."
DeLay was at his Sugar Land home Monday, but refused to come to the phone to discuss his intentions. When a reporter knocked on his door later, no one answered. Dani DeLay Ferro, DeLay's spokeswoman and daughter, did not provide an immediate response.

State law does not allow a party to replace an official nominee who withdraws from the race if another party also has a nominee for the office. Otherwise, Sparks said, a party could always replace a weaker candidate with a stronger one. Five judges, both Republican and Democrat, have come to the same conclusion regarding this case, Democratic nominee Nick Lampson said in a statement. "The people of this district have been without a member of Congress for long enough. It's time for the voters to decide who will represent them in Congress," Lampson said. "I look forward to a strong issue-based campaign against Tom DeLay."

The 41-page motion, filed by Bopp, argued that there was a good chance the full court would want to hear the constitutional issues the case raised. The motion, sent to Scalia because he handles appeals from the 5th Circuit, also said it would be in the best interest of voters to allow the Republicans to pick a new candidate for DeLay's 22nd District seat. "The 5th Circuit's decision restricts the voters' range of choices because it requires the (Republican Party of Texas) to keep an ineligible candidate on the ballot," the motion read. "It limits their choice because the opportunity to vote for an ineligible candidate is no choice at all."

DeLay fended off three challengers in the March GOP primary to win the nomination for re-election in November. Then in April, while under indictment and in the midst of a federal influence-peddling scandal, he announced he would not seek re-election. DeLay resigned from office in June and moved his official residence to Virginia, though he maintained a home in Sugar Land. Texas Republican Chairwoman Tina Benkiser ruled that DeLay was ineligible to serve in office and should be removed from the ballot.

The Texas Democratic Party sued, claiming DeLay and Benkiser were committing a sham to get around a state law that limits the ability of political parties to replace a candidate who merely withdraws from a race. The party said the U.S. Constitution sets residency for eligibility purposes on Election Day, but not for any days before then. The federal appeals court panel agreed, saying Benkiser had "unconstitutionally created a pre-election inhabitancy requirement." "I'm surprised at the outcome," Bopp said. "The Democratic Party has been successful at picking the Republican nominee."

Lampson has used the summer to define himself as candidate. He's also kept up with aggressive fundraising, having raised more than $600,000 between April 1 and June 30, according to PoliticalMoneyLine, which tracks how money is spent in politics. He has $2.1 million cash on hand. "We have to assume Tom DeLay will run an aggressive campaign," said Mike Malaise, Lampson's campaign manager. "DeLay has no choice but to base all of his hopes on a smear campaign against Lampson. There's not a lot of rehabilitation (DeLay) can do for himself." My prediction: Tom Delay runs, telling the voters not to let the Democratic Party or the court pick their senator for them. Let them know that if convicted of anything, he'll resign and let their Republican governor schedule a special election.

Posted by Steve 2006-08-08 09:14|| || Front Page|| [3 views since 2007-05-07] Top

#1 It truly would be amusing if Mr. DeLay wins the election. Could he be put up for Speaker if he does?

Posted by trailing wife 2006-08-08 10:20|| 2006-08-08 10:20|| Front Page Top

#2 I will send $$ to his campaign if he decides to run.

Posted by Cyber Sarge 2006-08-08 10:24|| 2006-08-08 10:24|| Front Page Top

#3 He's got my vote.

Posted by Dale Gribble 2006-08-08 11:38|| 2006-08-08 11:38|| Front Page Top

#4 Damn, if there's any justice in the world, he'll be elected and named Speaker.

Posted by mcsegeek1 2006-08-08 19:18|| 2006-08-08 19:18|| Front Page Top

#5 I'll drive him back to DC in the bug-a-bego..
I do not need the competition!

Posted by Dale Gribble 2006-08-08 19:30|| 2006-08-08 19:30|| Front Page Top

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