Reports from Texas seem to indicate that the Court isn't inclined to rule in DeLay's favor:
A federal appeals panel indicated today that the ability of Republicans to replace former U.S. Rep. Tom Delay on the ballot rests on whether there was "conclusive" evidence that he had moved to Virginia.Of course, nothing matters until they issue their decision, but it doesn't look good for the GOP. Basically, the only evidence that the Court has that DeLay has moved is DeLay saying he's moved. That means taking DeLay's word. And, what good is Tom DeLay's word these days? The Court clearly wants more evidence that that.
The three-judge panel of the 5th Circuit Court of Appeals did not indicate when it would rule. But questions from the panel seemed to favor the Democrats' position that Republican officials could not declare DeLay ineligible for office based on residency prior to election day.
If the Appeals Court panel, which includes the notorious Edith Clement, rules against DeLay, he'll stay on the ballot. DeLay is still running for Congress as a Republican...and it seems more likely that won't change. The GOP is running out of tricks. So, we still do have Tom DeLay to kick around.