Federal District Court Judge Sam Sparks just ruled in favor of Texas Democrats who sought an injunction to prevent Republicans in Texas Congressional District 22 from replacing Tom DeLay on the congressional ballot.
Texas Democrats argued that the U.S. Constitution, not State law, defines eligibility to serve in the U.S. Congress. Judge Sparks agreed.
...more, courtesy of Hesiod:
AUSTIN — A federal judge ruled today that Republicans cannot replace former U.S. Rep. Tom DeLay on the ballot for the 22nd Congressional District race.
ADVERTISEMENT
U.S. District Judge Sam Sparks, a Republican appointee, ruled that DeLay must appear on the Nov. 7 ballot as the GOP nominee for the congressional seat that DeLay abandoned last month. Sparks ruling was confirmed by Texas Democratic Party spokeswoman Amber Moon.
Details of Sparks ruling were not immediately available.
Sparks ruling halts the process of replacing DeLay on the ballot, but the GOP is expected to appeal the decision to the 5th Circuit Court of Appeals.
If the Republicans lose on appeal, DeLay will have to decide whether to campaign for an office from which he already has resigned.