BREAKING: Appeals Court Rules Against DeLay

The Fifth Circuit Court of Appeals has affirmed a federal judge’s prior decision: Tom DeLay stays on the ballot.

Update: Paul just spoke with DeLay counsel James Bopp. He said he didn’t have a statement but would shortly, and it will address the issue of an appeal.

Late Update: From Hotline on Call – “The court held that, at the time DeLay was taken off the candidate slate, there was no firm evidence he had moved to Virginia and no conclusive evidence that he intended to live in VA on Election Day.”

Later Update: To quote from the Opinion:

When [Texas Republican Chairwoman Tina] Benkiser reviewed the public records sent by DeLay and concluded that his residency in Virginia made him ineligible, she unconstitutionally created a pre-election inhabitancy requirement. The [Constitution’s] Qualifications Clause only requires inhabitancy when that candidate is elected. Given this language, Benkiser could not constitutionally find that DeLay was ineligible on June 7, the date she made her decision. Therefore, her application of the ineligibility statute to DeLay was unconstitutional.

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