Skipping To The Good Parts: RPT = Morons

Twenty-six pages condensed down to the really good, hilarious parts right here. Let's get started. I'll focus on the smack down of the Republican Party of Texas (RPT) and Tina Benkiser (who chairs the party when God is too busy helping the poor), in particular:

Their (RPT's ) arguments have no place in the standing analysis.

The RPT's actions threaten his (Lampson's) election prospects and campaign coffers.

When Benkiser reviewed the public records sent by DeLay and concluded that his residencey in Virginia made him ineligible, she unconstitutionally created a pre-election inhabitancy requirement.

The RPT has not shown that the injunction disserves the public interest and certainly has not proven that the district court abused its discretion. Therefore, the RPT has not met its burden.

Therefore her (Benkiser's) application of the ineligibility statute to DeLay was unconsititutional.

There is evidence that Benkiser did not act reasonably and with political neutrality when she declared DeLay ineligible. Indeed, the district court's description of the events surrounding the letter sent by DeLay imply, at the very least, a lack of neutrality. (muse asks, I wonder what the judges were REALLY thinking here? Sounds like they wanted to say more.)

Simply put her declaration of ineligibility was not a mere predictive, ministerial act affecting the "manner" of the election. It was a direct determination of DeLay's qualifications as a candidate. As such, the declaration was unconstitutional and cannot be saved by the Elections Clause.

Here, we fail to see how removing DeLay from the ballot would protect the voters, inasmuch as it was the voters themselves who selected DeLay as the Republican candidate for the general election.

DeLay has been an inhabitant of Texas for decades. (muse says, DUH. This is why these judges got promoted to the Fifth Circuit Court. The Blinding Flash of the Obvious.)

Thus, Benkiser violated Texas law by declaring DeLay ineligible.

The RPT's lack-of-harm arguments have been addressed above and found meritless.

Oh, and regarding the Secretary of State's friend of the court brief: We will not consider this issue.

There you have it. Could they have used the word "unconsitutional" any more forcefully against Benkiser? These were the parts that made me laugh uproariously. Yes, I am giddy with excitement. It's been a long wait to see someone smack down the RPT. Why they want to prolong this and go to the Supremes, I don't know. Oh, yeah, I do know. Tom DeLay can't afford to be on the ballot (lawyer's fees) and the RPT can't afford to have him on the ballot (LOSERS!)

Read up on this on the TX-22 blogs: Juanita, Mark, Bryan, Hal and we are waiting on John.