GOP, Dems Argue Over How Fast DeLay Ballot Appeal Should Proceed

Fort Bend Now ^ | July 12, 2006 | Bob Dunn

[anymouse]

Texas’ two major political parties both want a federal appeals court to quickly decide whether retired congressman Tom DeLay is or is not eligible to run again for the office from which he recently resigned.

But filings with the 5th U.S. Circuit Court of Appeals show lawyers for state Democrats don’t want the appeal to proceed quite as quickly as GOP lawyers do.

It’s the latest development in an unlikely case that finds Texas Democrats fighting to keep longtime Sugar Land Republican congressman DeLay on the ballot, where he would face Democratic challenger Nick Lampson and Libertarian Bob Smither.

The 5th Circuit Court has agreed to hear an appeal of a federal judge’s ruling in a lawsuit the state Democratic Party filed against Texas GOP Chairman Tina Benkiser. Originally filed in Travis County District Court, the suit seeks to void Benkiser’s June 8 declaration that DeLay is ineligible to appear on the November general election ballot in the race for Congressional District 22.

GOP lawyers were able to move the case to federal court, where U.S. District Judge Sam Sparks ruled last week in favor of the Democrats. Unless DeLay appears on the November ballot, Judge Sparks ruled, Texas Republicans cannot field a candidate for the congressional seat.

Benkiser and the Texas GOP quickly appealed to the 5th Circuit in New Orleans. On Tuesday, Benkiser attorneys James Bopp Jr. and Raeanna Moore filed a motion to expedite. They argue that, if the 5th Circuit overturns Judge Sparks’ ruling, the Texas secretary of state has set an Aug. 29 deadline by which the GOP must deliver “certification of a replacement nominee” for DeLay.

To meet that deadline, Bopp and Moore say in the motion, the state GOP and GOP committees in Fort Bend, Harris, Brazoria and Galveston counties will need about three weeks before Aug. 29 in order to select members of a District Executive Committee, who then would select a replacement candidate for DeLay.

Thus, Benkiser’s lawyers want the 5th Circuit to approve a schedule by which they would file their opening brief by July 14, the state Democrats’ attorneys would file a response by July 21, the GOP would file a reply by July 26 and oral arguments would proceed July 31.

Chad Dunn, general counsel for the Texas Democratic Party, filed a response to the GOP motion to expedite on Wednesday, saying the Democrats don’t oppose the Republicans’ motion.

“However,” the Democrats’ response states, “given the important constitutional issues involved, the fundamental voting rights that hang in the balance, and the precedential value of this Court’s opinion,” the state Democratic Party “believes it is not wise or justifiable to proceed with undue haste.”

Dunn asks in his motion that the Democratic Party get at least two weeks from the time the GOP files its opening brief, before being required to file a response, because of the likely complexity of required research into “constitutional issues of political party standing…”

The Democrats’ response states that Dunn and Democratic Party attorney Chris Feldman proposed the two-week response time to Moore in a Tuesday telephone conversation, but Moore rejected the idea.

Also, the Democrats’ response to the GOP motion to expedite notes under 5th Circuit rules “good cause” must be shown for an abbreviated briefing schedule. But Dunn states in his response that Republicans provide no evidence that they require three weeks before Aug. 29 in order to be able to choose a replacement candidate for DeLay.

The 5th Circuit Court has taken the motions under advisement.

[anymouse]

Down to the wire.

[tflabo]

Run Tom Run...stay on the ballot and win....stick it to the Dems like they do to you.

That new DNC ad showing Delay with mug shots is despicable. Truly it is the party of the 'Rats.....

[CyberSpartacus]

The commies think that if they win elections they can continue to shove their EVIL down our throats. What they fail to understand is that power does not come from votes but from guns. They have betrayed our military too often to expect it's support. If they become the majority again their may be civil war. Do they actually think their tree hugging pacificists can contend with vetran soldiers?