Scalia rejects Texas GOP appeal on DeLay

[maddezmom]

WASHINGTON - 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.


Democrats are suing to keep DeLay on the ballot, with the former lawmaker's legal troubles becoming a symbol for claims of Republican corruption.

DeLay, who is under indictment in state court in Texas, won a March primary before resigning June 9 from Congress.

Texas Republican Party chairwoman Tina Benkiser requested the delay of the appeals court ruling until Republicans can formally ask the Supreme Court to review the case

more:http://news.yahoo.com/s/ap/20060807/ap_on_el_ho/scotus_delay_s_replacement_4

:D

[sinkingfeeling]

1. Good news. Hope all of the SCOTUS rejects it.

[MrCoffee]

2. Betcha $10 that cert is denied

Scarface denied the motion to stay the injunction, and there's no way his lapdog jumps ship on this one. 6-3 against granting cert.

[elehhhhna]

3. HAHAHHA! Tommy's on the ballot! WOOP WOOP LOL K&R

[derby378]

4. Weeee are the chaaaampions...

WEEEE ARE THE CHAAAAMPIONS...

Nick Lampson, I hope you're getting used to the idea of being called "Congressman."

[MrCoffee]

5. That does sound sweet

Nick Lampson (D-TX22). It just rolls of the tongue, don't it?

[Lasher]

39. Noooo time for loooosers!

Heh heh.

[im10ashus]

6. I had to pick myself up off the floor for this one.

:wow:

[daveskilt]

7. Of course Scalia denied a stay on the ruling quickly

He wants to route it to the SCOTUS as quickly as possible so they can give the TX republicans what they want. I would be astounded if Delay is on the ballot in November.

Still - Go Lampson!

The longer the focus is on Delay the better.

[ChairmanAgnostic]

9. is there the tiniest bit of a possibility that his state's rights

and lack of federal interference approach (at times, conveniently absent) might be the reason for this ruling?

If so, then, I suspect that several of the middle of the road USSC justices might be getting a little pissed at what Boy George is trying to do to the constitution.
I can actually see "conservative" judges voting against the admin on a variety of grounds.

Or am I dazed and confused for the lack of good pot for the past few years?

[MrCoffee]

10. The 5th Circuit decided pretty much on constitutional grounds

There wasn't much of a state's rights argument to be made, outside of the Elections Clause, which is still federal.

I think the simple reason he denied the motion to stay was because it was baseless.

[IthinkThereforeIAM]

19. You must have missed this one...

...AP: Supreme Court Justice Kennedy: Jury's Out on U.S. Democracy
<http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2439322>

[MrCoffee]

20. I think I missed the point...

Kennedy talking about a bunch of foreign legal systems and how American lawyers need to do more to sell the US system relates to this discussion how?

[Judi Lynn]

8. Wow! So far so good. What a surprise! Thank you, maddezmom. n/t

[stop the bleeding]

11. Wow

:wow:

[rosesaylavee]

12. I smell a rat.

How does this benefit the Texas Republicans? Scalia hasn't cared terribly about the law before now - why start now? When will the next shoe drop? I won't believe this until the ballots are printed.

[benny05]

13. Me Thinks He Doesn't Like DeLay

Remember, DeLay wanted to impeach the SCOTUS for not taking up the Schivo case.

[rosesaylavee]

24. Hmmm. Ok. Maybe.

But they are blood rethuglican brothers. I still want to see the ballot printed before I celebrate this one.

[Gman]

26. Oh shit! You're right!

That really pissed Scalia off. A case of what goes around, comes around.

[PDittie]

36. Ballots aren't printed any longer

Still, the SC cannot take this up until they reconvene in October, and no decision will be made in time for the November election.

Tom must cut, or run.

And the Pukes in 22 are almost as fed up with his bullshit as the rest of us. I don't think Lampson can lose at this point.

[aein]

14. damn activist judges!

[Ladydawnelle]

21. That was my (dripping with sarcasm) first thought!

LOL

I still don't know if I believe it. Nothing about Scalia makes sense.

[aein]

28. I've read alot of his opinions

He's an intelligent man, and he makes more sense than a lot of the justices. But I get from reading his opinions he is a meglomaniac, and sometimes driven too much by his originist dogma and personal politics.

But he is nothing in the way of an origiinalist extremist like Thomas. Thomas is a disgrace to common sense. He is a naked partisan and pedantic. Maddening and boring, somehow at the same time.

[wryter2000]

40. Welcome to DU

:hi:

Scalia's smart, all right, but his intellect is usually in the service of the Republicans. Esp. the President. Still, this seems positive on its face. We shall see...

[daveskilt]

47. Scalia is the one I can disagree with, dislike, but respect his reasoning

He writes a damn fine opinion. Disagree with his conclusions, think he is personally an arrogant ass of the first order. But he is a smart man.

thomas is not. His opinions (the very few he has written - he mostly just points at scalia and says "what he said") are weak.

[Name removed]

15. Deleted message

Message removed by moderator. Click here to review the message board rules.

[DallasNE]

16. There Is Still A Way For DeLay To Have His Name Removed

If he is found guilty of a felony then he is not eligible to serve and the Republicans can replace him on the ballot.

Think DeLay will agree to that?

:dilemma:

[Suich]

18. Hmmm...I haven't heard that before!

That certainly makes things more interesting, doesn't it?

My guess is he won't go for it any time soon!

:hi:

[jmowreader]

22. That's where Ronnie Earle comes in

If Ronnie Earle has one patriotic bone in his body, he'll keep filing continuances in the DeLay case until mid-November.

Push Toxic Tommy's case out past the election, and he's still eligible to run for Congress.

Once they get to court...even an L1 on academic probation could get a conviction on DeLay. It is the epitome of open-and-shut cases.

Now! Let's assume for a second that DeLay can get his name off the ballot. Is there another Repuke who could beat Lampson? (And don't just say that any Repuke could win in TX-22; DeLay went to the Jesse Helms School of Politics. I don't think he was the most loved Congressman we've ever had to endure. It has been said that Helms could run a successful negative campaign against Jesus; DeLay was the same way.)

[wryter2000]

41. IIRC

I seem to recall reading that DeLay had "given away" part of his strong Repub areas to other districts so that Repubs could have them. The assumption was that his seat was safe, so he could sacrifice some R voters to other candidates. IOW, his seat is less safe now than before his redistricting.

[Biernuts]

33. A felony conviction bars congressional service? Since when?

The constitution spells out qualifications for office and a felony conviction is not listed either as a plus or a minus. There are two ways constitutionally to be ineligible. First, get expelled by 2/3 of the members on your own house. (Note: in the Adam Clayton Powell Case, the USSC ruled that it is not a permanent bar, just for that term.) Or, while holding a judicial or executive branch position, the second way is to be impeached by the House and convicted by the Senate - and only if the Senate specifically votes a penalty of disqualification for future federal office. Rep Alcee Hastings (D-Fl) for example was a federal judge impeached (House) and convicted (Senate) and removed from office. (All this happened when Dems controlled both houses) The senate however, did not hold a vote to disqualify him from future office, so in the house he sits.

Among his misdeeds were bribery in return for leaking wiretap info to the subjects of the wiretaps. Not really who I want leading the House Intel Committee, but Pelosi reportedly wants him in the job.

[brer cat]

17. but, but, but

He's got a VA license, VA address, etc to prove he doesn't live in TX. Does he now have to move back and provide TX credentials?

[nam78_two]

23. Without delay out with DeLay!

I saw that on a campaign button last election and after that disaster remembered it rather sadly but it looks like its finally gonna happen!

:bounce: :woohoo: :bounce: :woohoo:

[bigluckyfeet]

25. I would not be too happy about this

They may steal the election.

[AtomicKitten]

27. ha, ha, ha

Any victory against the GOP is sweet.

[orleans]

29. hummm....why would he do that?

surely not due to good or honest intentions

he's a shit! and a thug with an agenda.

[Occulus]

30. Broken Clock Syndrome? n/t

[Pryderi]

31. What if DeLay wins?

[maddezmom]

32. another link: Texas Republicans Abandon DeLay fight

By SUZANNE GAMBOA

(AP) Rep. Tom Delay, R-Texas, makes a statement on Capitol Hill Wednesday, Sept. 28, 2005, in...
Full Image



WASHINGTON (AP) - Texas Republicans on Monday abandoned their court fight to replace former House Majority Leader Tom DeLay on the November ballot after being turned back at the Supreme Court.

The decision came after Justice Antonin Scalia rejected Texas Republicans' request to block an appeals court ruling saying DeLay's name should remain on the ballot.

"I think all our legal avenues are exhausted in terms of affecting the ruling prior to the election," said Jim Bopp Jr., the attorney who argued the Republican Party's case to allow party officials to substitute another candidate for DeLay.

Under indictment on money laundering charges in Texas, DeLay won a March primary election that made him the Republican nominee for Congress from his home district near Houston. In June, he resigned from Congress and said he would not seek re-election.

http://apnews1.iwon.com//article/20060807/D8JBSML80.html?PG=home&SEC=news
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2442328

[Biernuts]

34. He could win, and then resign after taking office in Jan, allowing

the Governor to call a special election.

You can bet that they will play up the "outsiders trying to tell Texas and his district what to do" line - Texans usually fight for their independence and given the demographics of his district, coupled with a promise to resign in favor of a "fair election" a delay victory isn't all that unlikely. Remember when Missouri voted for a dead guy?

[rosesaylavee]

35. But - the alternative to the dead guy

was our buddy Ashcroft. Missourians rose in unison on that occasion to choose the more competent man for the job!

[daveskilt]

46. HAHAHAHAHAHA.

I always thought ashcroft looked a little ghoulish.

[wryter2000]

42. If he were to win

I imagine he'd have to resign to serve his prison term. I don't know if Perry could appoint a replacement or if there'd be a special election.

[cosmik debris]

37. You fell for the Republican spin

"Democrats are suing to keep DeLay on the ballot"

WRONG!!!

Democrats sued to keep DeLay from being REPLACED on the ballot.

DeLay will almost certainly remove himself from the ballot because he can't raise money for his legal defense and for a political campaign at the same time.

[smartvoter]

44. It was an article quote. nt

[BigDDem]

38. Ahhhhhh

sweet, sweet karma; and it's only begun roach boy.

[WhiteTara]

43. Even the cheaters won't help them cheat

on this one
:nopity:

[LanternWaste]

45. These guys always have three more cards up their sleeves...

It's not over yet. These guys always have three more cards up their sleeves while playing with a marked deck.

While I'm most definitely not a cynical guy, bear in mind that this is all playing out in the GOP heartland. I don't think the 'pubs could tolerate the ridicule that would play out because of it.

A loss to the Dems as a consequence of the corruption of an indicted member of the house...? There's no way to spin that to their satisfaction. Ergo, more dirty tricks on the way.

[ramapo]

48. He just might get reelected

I wouldn't be surprised if the good voters of his district decided that this good Republican should continue on.