5th Circuit hears DeLay ballot case arguments today

[rusty_parts2001]

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.

"I have been in a holding pattern," said Houston City Councilwoman Shelley Sekula-Gibbs, one of the Republicans who want to take DeLay's spot on the ballot.

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.

http://www.chron.com/cs/CDA/printstory.mpl/politics/4082623

[napi21]

1. Perhapse this is a dumb question, but couldn't

Shelley Sekula-Gibbs, or any other Pub they choose, just be on the ballot as an Independant?

Hell, if Leiberman can do it n Ct., why couldn't they do it in Tx?