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Thursday, August 3, 2006
By Brett Marston (guestblogger)

It’s always dicey to predict what appellate courts will do, but Rick Hasen argues that the U.S. Supreme Court is not likely to be persuaded by Tom Delay’s attempts to get off the ballot in the good old Texas 22nd:

But I would rate the chances of a further appeal being successful as very small. The reasoning of the 5th Circuit opinion is solid (the meat of the ruling, on page 20 of the pdf reads: “The intersection of § 145.003, which requires that proof of ineligibility be conclusive, and the Qualifications Clause, which requires inhabitancy only ‘when elected,’ presents an extraordinary burden to declaring a candidate ineligible on residency grounds prior to the election. This is because it is almost always possible for a person to change their residency: to move to the state in question before the election, thereby satisfying the Qualifications Clause.”).

Apparently, Delay’s lawyers are bypassing en banc review by the 5th Circuit and going straight for the gold (see Lyle Denniston here.)

Aside from the Qualifications Clause issue - about which the 5th Circuit holding seems reasonable enough to me - a contrary ruling would reward attempts by Delay and his party to game the primary system.

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2 Comments

  1. Your button images are broken. And here’s a nice list of social bookmarking websites… http://www.socialblogging.com/category/bookmarking/
    Go ahead and get your blog ad at Excellent Blogs at http://www.excellentblogs.com

    Comment by Rich Benvin — Thursday, August 3, 2006 @ 6:35 pm

  2. And yet they won’t let dead people vote. That is so unfair.

    At least they’re letting morons practice law.

    Comment by Alan Kellogg — Thursday, August 3, 2006 @ 11:03 pm

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