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http://apnews.excite.com/article/20060804/D8J9GAV00.htmlGOP to Take DeLay Case to Supreme Court
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Aug 4, 4:28 AM (ET)
By KELLEY SHANNON
AUSTIN, Texas (AP) - Texas Republicans said they will take their fight to remove indicted former congressman Tom DeLay from the election ballot to the U.S. Supreme Court.
The 5th U.S. Circuit Court of Appeals in New Orleans on Thursday upheld a July ruling by a federal judge that the ballot must list DeLay, who won a March primary before resigning from Congress on June 9.
Texas Republican Party chairwoman Tina Benkiser said she will appeal to the high court.
"What's happening here is the Democrat Party is trying to control the Republican nominee," said GOP attorney Jim Bopp. "I think that's fundamentally incompatible with a viable two-party system and a democratic process."
James Bopp walks from the courthouse in New Orleans, Monday, July 31, 2006. Bopp, arguing for Texas Republican officials, asked a federal appeals court on Monday to let them replace former U.S. Rep. Tom DeLay on the November congressional ballot. (AP Photo/Judi Bottoni)
DeLay now lives in Virginia but is awaiting trial in Texas state court on money laundering and conspiracy charges alleging that illegal corporate cash helped pay for legislative campaigns in 2002.