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GOP Attorneys Issue Press Release On Fifth Circuit Court’s Decision

Attorney James Bopp, Jr., who represents Chairwoman Benkiser and the Republicans, just sent me his press release on the Fifth Circuit Court’s ruling on the motion to expedite:

Earlier today, the Fifth Circuit Court of Appeals granted the Republican Party of Texas’ Motion to Expedite the Appeal in Texas Democratic Party v. Benkiser, No. 06-50812.  The central question in this case is whether Tina Benkiser, the Chair of the Republican Party of Texas may declare former Congressman Thomas D. DeLay, based on his move from Texas to Virginia,  ineligible to serve as the party’s nominee in the general election and replace him with a candidate who is ready, willing and able to serve the district.

This case was filed by the Texas Democratic Party in Texas State Court on June 8, 2006.  It was then removed to the Federal District Court shortly thereafter. On July 6, 2006, the Federal District Court permanently enjoined Benkiser from declaring DeLay ineligible and from taking any further steps to replace him on the ballot.  It also enjoined the Texas Secretary of State from certifying a replacement nominee, should one be submitted.

James Bopp, Jr., counsel for Benkiser, notes that “The injunction is a disservice to the people of Texas Congressional District 22.  By allowing a nominee who has announced that he will be ineligible to serve, if elected, to remain on the ballot it effectively disenfranchises those who would like to vote for a Republican candidate to represent them.”

Under the Court’s expedited briefing schedule, Benkiser’s brief will be due Friday, July 14th,  the Texas Democratic Party’s brief will be due Friday, July 21st, and Benkiser’s reply brief will be due Wednesday, July 26th.  The case will be submitted to the Court on July 31st.

James Bopp, Jr. has a national constitutional law practice.

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Filed Under: Replacing DeLay

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  1. PC Higgins says:

    The Texas Election Code is remedial, and unambiguous, and it has the republicans by the short hairs.

    The republican voters can re-elect the daughter-pimpin, child sex-slave lovin, Monterey whore chasin, glistening sausage-tube of a “man” they have been electing since when. Hot-tub Tom is their guy – live with it.

    What a bunch of sniveling cry-babies?

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