They Digged A Pit....
The appeals court today ruled that the Republicans can't replace Tom Delay on the Texas ballot. The story is here and the decision itself is in a pdf at this link.
They will of course appeal this again, either to the full appeals court (this was just a three judge panel that upheld the district court's decision), or straight to the U.S. Supreme Court. I would guess their chances are better with the full appeals court -- much more reactionary and partisan Republican -- and besides, the U.S. Supremes in theory don't even meet until October -- too late to reprint ballots.
The most fun part of the decision is the rejection of the argument made by the Republican Party that Delay is a "frivolous candidate". I can write Nick Lampson's ads now: "His own party called him a frivolous candidate." Joy abounds. This calls for a toast in celebration. (Yeah, I know the full court might very well ignore the Constitution and let them replace Tom, however illegal that would be, but I'm going to enjoy this while I can.)
Oh, and there is one strange item: the names on the "Enclosure" list with the cover letter for the decision. Dallas County Democrats will recognize one name at once, and it would be interesting to know why it is there. UPDATE: With relief we read this note from former Dallas County Chair Ken Molberg: "She wrote an amicus brief for some former and current Democratic house and senate members." My first thought was indeed a friend of the court brief. Glad to hear it was on the correct side.
UPDATE 2: The Republicans have already announced they will appeal this to the Supreme Court. Bad call for them.
They will of course appeal this again, either to the full appeals court (this was just a three judge panel that upheld the district court's decision), or straight to the U.S. Supreme Court. I would guess their chances are better with the full appeals court -- much more reactionary and partisan Republican -- and besides, the U.S. Supremes in theory don't even meet until October -- too late to reprint ballots.
The most fun part of the decision is the rejection of the argument made by the Republican Party that Delay is a "frivolous candidate". I can write Nick Lampson's ads now: "His own party called him a frivolous candidate." Joy abounds. This calls for a toast in celebration. (Yeah, I know the full court might very well ignore the Constitution and let them replace Tom, however illegal that would be, but I'm going to enjoy this while I can.)
Oh, and there is one strange item: the names on the "Enclosure" list with the cover letter for the decision. Dallas County Democrats will recognize one name at once, and it would be interesting to know why it is there. UPDATE: With relief we read this note from former Dallas County Chair Ken Molberg: "She wrote an amicus brief for some former and current Democratic house and senate members." My first thought was indeed a friend of the court brief. Glad to hear it was on the correct side.
UPDATE 2: The Republicans have already announced they will appeal this to the Supreme Court. Bad call for them.
posted by Bride Of Acheron at 3:21 PM
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