Off the Kuff Rotating Header Image

On the court decisions

I finally had a chance to give a little thought to the two big court decisions from last week. You can read what I came up with over at Kuff’s World. And for another fine take on the CD22 situation, read Bob Dunn.

UPDATE: The Republican Party of Texas has now officially asked the US Supreme Court to get involved.

Texas Republicans today asked U.S. Supreme Court Justice Antonin Scalia to issue a stay that would allow the GOP to replace former U.S. Rep. Tom DeLay on the general election ballot.

The 41-page motion argues that there is a good chance the full court will want to hear the constitutional issues that the case raises. The motion also says it will be in the best interest of voters to allow the Republicans to pick a new candidate for DeLay’s 22nd District seat.

“The Fifth 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,” said the motion by Republican lawyer James Bopp Jr. “It limits their choice because the opportunity to vote for an ineligible candidate is no choice at all.”


Scalia could stay the injunction pending a review of the case by the full court, which would allow the Republicans to move forward to replace DeLay on the ballot. Or, he could effectively end the fight by rejecting Bopp’s motion.

Chad Dunn, a lawyer for the Texas Democratic Party, said he feels confident that Sparks’ injunction will remain in place.

“We have felt confident that we’ve been correct on the facts and the law in this case,” Dunn said.

An earlier version of this story noted that Scalia is the judge that handles such reviews from the Fifth Circuit, which is why he’s been petitioned. Stay tuned.

UPDATE: Holy Original Intent, Batman! That didn’t take long.

Supreme Court Justice Antonin Scalia on Monday rejected a request by Texas Republicans to block an appeals court ruling that says former House Majority Leader Tom DeLay’s name must appear on the November ballot.


“Wow! That was quick,” said Cris Feldman, attorney for Texas Democrats who had not yet heard about the stay.

“That was a lightning-quick response. We’re very pleased by the court’s decision to deny the stay and it’s now time to move toward the general election and put this matter behind us,” said Feldman.

No kidding. Doing a Google News search on “Scalia” and sorting by date, the first stories about the GOP request hit the papers two hours ago. That’s as fast as I may ever see the judicial system working.

According to the story, Tina Benkiser may ask another judge for a second review. I can’t imagine that will work, but until that happens or the RPT officially raises the white flag, it ain’t over till it’s over. Thanks to Jeff N. for the tip.

UPDATE: I just heard on KHOU that the Republicans will not appeal to the full Supreme Court. Say good night, Gracie. Fort Bend Now confirms it:

Justice Scalia’s denial of the GOP application appears to have closed the door on any chance the Republicans had to find a replacement candidate for DeLay.

“The efforts to get relief through the courts prior to the election have been exhausted,” said attorney James Bopp Jr. “Obviously the party is considering their options.”


Related Posts:

  • No Related Posts


  1. Dennis says:

    Damn those (Federalist Society) activist judges. Ok, the gloves come off – DeLay is going to have to “hold them accountable for their behavior”

  2. Tim says:

    Good. And I’m really pleased that it was Scalia of all people who denied to issue the stay. For at least a moment it reaffirms my faith in the justices of the court and that they’re not solely and exclusively tools of their preferred political party.