DELAY STAYS ON BALLOT ... FOR NOW

The Texas GOP will try to get the Supremes to nullify the decision of the 5th Circuit Court of Appeals that leaves Tom DeLay on the ballot.

Republican attorney James Bopp Jr. said the party will either ask the Supreme Court for a stay of the 5th Circuit's order or will ask the high court for an expedited appeal.

Bopp said a stay request would go first to Justice Antonin Scalia, who presides over the 5th Circuit. For the case to proceed, four justices would have to be willing to accept the appeal. In an expedited appeal, Bopp said either four justices could agree to take it up or it could be done on the authority of Chief Justice John Roberts.

"We would like for it to be resolved in August," Bopp said.

Great, just great. Scalia and Roberts, those two unbiased, independent, stalwart supporters of democracy and the Constitution.

Former county chairman Eric Thode said the state party made a strategic error moving the case from state court to federal court. The party took the action after the Democrats won a temporary restraining order from a Democratic state district judge.

Thode said if the case had stayed in state court, the Republicans would have been victorious on appeal because the constitutional issues would not have been involved.

I presume the Texas GOP thought they'd have more success in federal court, where they could ultimately appeal to the friendly (to Republicans) faces of the Supremes.

Tags: Tom DeLay, Texas GOP, Supreme Court