5th Circuit hears DeLay ballot case arguments todayPossible GOP contenders eagerly await the outcomeBy R.G. RATCLIFFE and KRISTEN MACK
Copyright 2006 Houston Chronicle
With Republican candidates for the 22nd Congressional District living in political
limbo, the legal battle about whether Republicans can choose a replacement for former
Rep. Tom DeLay moves into the 5th U.S. Circuit Court of Appeals today in New Orleans.
-snip-Republican attorneys will argue that the GOP should be able to replace DeLay because
he has moved his official residence to Virginia and is no longer eligible to represent
Texas in Congress. Democratic lawyers will claim the move violates both state law and
the U.S. Constitution and is a Republican attempt to remove a politically wounded
candidate from the ballot.
If a three-judge appeals court panel throws out a district judge's injunction, the
Republican scramble to pick a candidate to replace DeLay will begin in earnest. If the
panel upholds the lower court, DeLay likely will have to decide whether he wants
to campaign for an office he resigned from last month.
A ruling could come after oral arguments today, or under the court's expedited schedule
sometime within two weeks.
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