Thursday, August 03, 2006

The Fifth Circuit Rejects Greg Abbott's Betrayal

The Fifth Circuit just issued an opinion rejecting the Texas Republican Party's effort to steal the voters' right to select a congressional candidate through the primary system. The appellate court held that:

"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."

In the context of this holding by an appeals court dominated by Republicans, we must ask WHY DID GREG ABBOTT'S ATTORNEY GENERAL'S OFFICE FILE A BRIEF IN FAVOR OF AN UNCONSTITUTIONAL ACTION WHICH WAS POLITICALLY MOTIVATED?

The Fifth Circuit went on to hold that

"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."

In light of this holding, we must ask WHY DID GREG ABBOTT'S ATTORNEY GENERAL'S OFFICE FILE A BRIEF IN FAVOR OF AN UNCONSTITUTIONAL ACTION WHICH WOULD NOT PROTECT THE VOTERS OF TEXAS?

There can be only one answer to these questions.

Greg Abbott places his own political interests and the special interests of Tom DeLay and the Texas Republican Party above the interests of Texans.

8 Comments:

Blogger Howling Latina said...

Thanks for stopping in; and thanks for your seminal post on the topic.

I sometimes blog at The Virginia Progressive and just wrote about some bullshit GOP talking point in one of the Virginia blogs about how unfair it was and how Democrats had been allowed to replace Torricelli in New Jersey.

Of course, I responded that the crux of the problem with his idiotic and deceptive argument is that New Jersey has their set of laws, and so does Texas.

The GOP chose to take their legal battle in federal courts, 'cause they knew they'd lose in Texas courts.

And now they've lost their case. AGAIN!

3:56 PM  
Blogger abbott=hypocrite said...

You are right about New Jersey law being totally different than Texas law.

The New Jersey law applied only to situations where candidates withdrew more than 50 days before an election, and Torricelli withdrew 36 days before the election. The New Jersey court had to decide between offering the New Jersey voters no contest by allowing the Republican to win by default or they could give the voters a choice and the court had to make this decision in light of the fact that there was no applicable law saying how they should rule. The court gave the New Jersey voters a choice and this was in the voters' interest.

In Texas, the law prohibited political parties swapping out the candidate who won the primary for a hand-picked party stooge. The Texas court had to decide between offering the Texas voters a contest between the Democrat chosen by the voters in the primary and the Republican chosen by the voters in the primary or they could give the voters a choice between a democratically elected primary candidate versus a hand-selected party nominee and the court had to make this decision in light of the clear governing law which applied to this specific situation. The court gave the Texas voters a choice between the candidates democratically elected through the primary process and this was in the voters' interest.

The only similarlty is that the voters' interests won out in both cases.

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