[mrsmith]

The district court decision was on December 1, 2000, and the Fifth Circuit heard argument and entered a one-line affirmance on December 7th: "All requested relief is DENIED."

[Iwo Jima]

Exactly. AFTER THE ELECTION. That's the point!!!!

If Delay is so stupid as to not move back to Texas before election day, assuming that he won the election, he would be declared ineligible and the next highest vote getter (presumably Lampson) would be declared the winner. That would be consistent with the Cheney decision.