DeLay Remains At Center of Texas Politics

Although he announced in April that he would withdraw from his re-election race, former House Majority Leader Tom DeLay (R-TX, R-VA) is still legally on the November Texas ballot, according to a second judicial ruling. DeLay officially changed residence to Virginia in May, but won the Texas primary election on 7 March.

The New Orleans Fifth Circuit Court of Appeals "ruled that the U.S. Constitution and Texas election law don't allow the Republican Party to declare DeLay ineligible and replace him."

The Texas Republican Party plans an appeal to the US Supreme Court, which seems an exercise in futility. The Court is on summer recess and resumes operation the first Monday in October -- 3 October is only five weeks before the November election.

Moreover, the Court has already "set oral arguments through October for nine of the 29 cases accepted for the Court's 2006-07 docket."

The Court session alternates between "sittings" -- when the Court hears cases -- and "recesses" -- when the Justices write opinions and deal with the business of the Court. Traditionally, these alternate in two-week intervals.

Circumstances Surrounding Withdrawal
DeLay announced his decision to resign only four days after Tony Rudy, his former chief of staff, pleaded guilty to conspiracy and corruption on actions taken on behalf of Jack Abramoff, the lobbyist at the heart of a Capitol corruption investigation. Rudy was the second aide to feel the shadow of Abramoff: in November 2005, Michael Scanlon, an ex-aide who became Abramoff's lobbying partner, turned state's evidence.