The Republican Party of Texas had better hope for a favorable outcome from their appeal of Judge Sparks’ ruling in the DeLay ballot replacement lawsuit, because DeLay himself says he can’t be the candidate.
Today on Fox, DeLay was asked by Neil Cavuto if he still had a chance to win the election. DeLay said, “I cannot run for office [in Texas]” because “I’m ineligible.”
DeLay also trashed the federal district court decision as “a policy statement instead of a ruling” and expressed confidence that the 5th Circuit Court of Appeals would “turn it around.” Election Law blog explains that the ruling is on soild constitutional ground and argues that “there is good chance this opinion is upheld on appeal.”
CAVUTO: I’ve noticed now a judge has ruled you’re still on the ballot, so you could conceivably still win this thing. What’s the deal?
DELAY: Well, we had a Democrat federal judge make a policy statement instead of a ruling. I think the Fifth Circuit will look at the law, look at the constitution and understand that the voters of the 22nd district need a choice. I’m a resident of Virginia. I live in Virginia. I’m working in Virginia and Washington, DC. I’ve established a legal defense fund, a speakers bureau. I’m even working on a book and working with conservative groups. I’m making my living in Washington, DC, so by the Constitution, I cannot run for office and I’m ineligible. So I don’t know what this judge is doing, but I think the Fifth Circuit will turn it around.
Emphasis in the original. Whatever will DeLay say if the Fifth Circuit upholds Judge Sparks? Thanks to Jeff N. for the catch.
I haven’t seen it hit the news wires yet, but according to Vince, the Fifth Circuit has agreed to hear the expedited appeal. He’s got a press release from RPT attorney James Bopp on the subject. Fort Bend Now has some more on this topic as well. Stay tuned.
UPDATE: SCOTUSblog has more.