Reply #6: (k & r) Occasionally, just occasionally, justice prevails. The opinion is

[Czolgosz]

clear and correct:

"Benkiser could not constitutionally find that DeLay was ineligible on June 7, the date she made her decision. Therefore, her application of the ineligibility statute to DeLay was unconstitutional."


"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."


"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."