The 5th U.S. Circuit Court of Appeals has upheld the lower court ruling, in the attempt by the Texas Republican party to replace Tom DeLay on the November ballot. This means DeLay's name will remain on the ballot as the Republican candidate for Congress in District #22.
Judge Fortunato P. Benavides wrote the 5th Circuit Court's opinion saying, "Proof of DeLay's present residency may suggest where he will be in the future; however, it does not put the matter beyond dispute or question." The ruling means Tina Benkiser, GOP state chairman, acted unconstitutionally when she tried to replace DeLay on the ballot.
There has been no word yet, but I fully expect the Republicans to try and appeal the matter further. Probably will not succeed though. It looks like the Democrats have the law on their side in this one.
This is great for Nick Lampson. I think he probably would have won anyway, but now it looks even better. If voters do not want to vote for Lampson, they have two choices - vote for DeLay, or vote for a write-in candidate. I really don't see voters flocking back to DeLay after all he's done, and write-in candidates traditionally don't do well in Texas.
Way to go Democrats!