Tom DeLay's own hand-picked judge has handed him another blow. Texas Republicans have been fighting to keep DeLay off the ballot and handpick his successor. But they lost. DeLay withdrew from the race after being indicted for violating Texas campaign finance laws. But since he withdrew after the primary elections and filing deadlines, Democrats filed suit when Republicans tried to replace DeLay. The GOP made a motion to move the case from state court to federal court, hoping to find a sympathetic friend in Judge Sam Sparks, who was nominated to his position by George H. W. Bush in 1991.
In his opinion, Sparks doesn't sound like he was convinced by DeLay's argument:
Political acumen, strategy, and manufactured evidence, even combined with sound policy in mind, cannot override the Constitution. The evidence presented in this case provides no basis for [Texas Republican Chairwoman Tina] Benkiser’s declaration that Tom DeLay was not eligible to remain the nominee of the Republican Party under state or federal law… there is no evidence that DeLay will still be living in Virginia tomorrow, let alone on November 7, 2006, the only day that matters under the Qualification Clause of the United States Constitution....
DeLay was chosen as the Republican nominee by the voters in the Republican primary, and he is still eligible to be the party’s nominee. He may, of course, withdraw as is his right, but neither political parties, state legislatures, secretaries of state, nor the federal courts may rewrite the United States Constitution.
The Republicans have ten days to file their appeal with the Fifth Circuit Court of Appeals. If they lose, DeLay must either reenter the race or Democratic Nick Lampson will take the seat unopposed (with the exception of a low-profile Libertarian).
If Delay stays on the ballot, it will be a small victory for the Democrats. But the democratic candidate still has to go out and do some fierce campaigning because Delay still has alot of support in a mainly Republican district
Harold Hunter Jr, Esq.
Hunter Law Office, PLLC
464 Eastway DriveCharlotte, NC
28205
Nick Lampson has been aggressively and tirelessly campaigning in TX-22 since well before his official announcement. One of the many reasons contributing to DeLay's retirement - Was he knew he is fighting a loosing battle. With Nick having about 49% of the vote in polls and Delay’s republican base crumbling because they are sick and tired of him is more than enough to give the 2 to 3 % swing vote that will net Lampson a victory. As a former Republican and Fort Bend County resident I can tell you the County was historically a Democratic strong hold. Redistricting gave the appearance of a change in ideology that is not representative of the electorate. The Democratic party is strong and thriving once again with the addition of nearly 85 new Democratic precinct chairs and a full ballot of Democratic candidates in national, state and county wide races. Eric Thoede and the Republicans in Fort Bend County did not "approve" of the other Republicans on the Primary ballot so they concocted this idea back in January to have DeLay finish the primary, raise funds and then announce after the Primaries with the intention of circumventing the election process to hand pick someone like David Wallace.
Texas Republicans have been fighting to keep DeLay off the ballot and handpick his successor.
Two words:
Robert Torricelli and Hypocrisy.
Talk about court appointed victors.
I have no comment ,but Iask you to give me a free scholarship, I awarded a unversity deploma in purchasing and supplies management.