DeLay case on fast track
on Jul 13, 2006 at 5:35 pm
UPDATE Friday p.m. The state GOP’s brief in the Fifth Circuit can be found here.
The Texas Republican Party’s appeal seeking to take former Rep. Tom DeLay off of the ballot for the November congressional election will be expedited in the 5th Circuit Court, that Court said in an order Thursday. (The case is Benkiser v. Texas Democratic Party, 06-50812). The case could reach the Supreme Court, in at least preliminary form, soon. An earlier post on the case can be found here.
The Circuit Court said the case will be submitted to a three-judge panel on July 31 and “the panel will determine whether oral argument will be entertained on July 31.” It set a rapid briefing schedule, with GOP officials’ brief due tomorrow, the Democrats’ brief a week from tomorrow, and the GOP reply on July 26.
Texas GOP chairwoman Tina Benkiser considers DeLay ineligible to remain on the ballot because, after resigning from Congress, he moved to Virginia. U.S. District Judge Sam Sparks said he was not convinced that DeLay would not be a resident of Texas on the only date that counts, election day, Nov. 7.
The GOP wants to put a new nominee on the ballot for the seat in Texas District 22, in the wake of the campaign finance scandal that contributed to DeLay’s resignation from Congress.
