The Markum Report - The Conservative Blog of Galveston County, Texas: The latest on the CD 22 court case - 5th Circuit agrees to expedite the Republican party's appeal Ladies and Gentlemen.... Now Forming at the North End of Kyle Field... the Nationally Famous.. Fightin' Texas Aggie Band !

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Thursday, July 13, 2006

The latest on the CD 22 court case - 5th Circuit agrees to expedite the Republican party's appeal

The Supreme Court of the United States (SCOTUS) blog published by the Akins & Gump law firm reports that the CD 22 case is one step closer to the SCOTUS arena.

In a related item, Vince over at Capitol Annex has a copy of the press release from the RPT attorneys in the CD 22 case. The 5th Circuit has agreed to expedite the Republican party's appeal.

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.

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