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Texas: Scalia says no, GOP gives up and keeps DeLay

AP reports: Texas Republicans on Monday abandoned their court fight to replace former House Majority Leader Tom DeLay on the November ballot after being turned back at the Supreme Court.

The decision came after Justice Antonin Scalia rejected Texas Republicans' request to block an appeals court ruling saying DeLay's name should remain on the ballot.

"I think all our legal avenues are exhausted in terms of affecting the ruling prior to the election," said Jim Bopp Jr., the attorney who argued the Republican Party's case to allow party officials to substitute another candidate for DeLay. -- Dallas Morning News | News for Dallas, Texas | Texas/Southwest

Update: Lyle Denniston has a summary of the stay application filed with Justice Scalia and a link to the papers. -- Scalia refuses to aid Texas GOP on ballot


The Texas Republicans are still free to unite behind a new candidate, and campaign for him or her as a write-in. If DeLay does withdraw (which he is free to do), it seems possible that a new Republican Party candidate could win as a write-in. Write-ins have been elected to congress in the general election six times in US history.

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