Judge Says DeLay’s Name Must Remain On Ballot

Brian Zick

Charles Kuffner reports: Judge rules for Democrats in DeLay replacement lawsuit. U.S. District Judge Sam Sparks, a Republican appointee, ruled that DeLay must appear on the Nov. 7 ballot as the GOP nominee for the congressional seat that DeLay abandoned last month. Sparks ruling was confirmed by Texas Democratic Party spokeswoman Amber Moon. … Sparks ruling halts the process of replacing DeLay on the ballot, but the GOP is expected to appeal the decision to the 5th Circuit Court of Appeals. If the Republicans lose on appeal, DeLay will have to decide whether to campaign for an office from which he already has resigned. update: Paul Kiel at TPM Muckraker has posted a copy of the judge's opinion. He reminds that the GOP went judge shopping on this case, and moved the case from state court to federal court, where they "thought they'd find a sympathetic friend there in Judge Sam Sparks, who was nominated to his position by Pres. George H. W. Bush in 1991." The judge's words are definitely worth the read.

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