As I predicted, further appeals in the Tom DeLay ballot case were not successful. Lyle Denniston reports that Justice Scalia denied a motion for an emergency stay in the Tom DeLay case, and that Texas Republican Party lawyer Jim Bopp does not plan a further appeal to the full court.
This means that Republicans have essentially two options: (1) have DeLay rescind his ineffective withdrawal and run for office, perhaps pledging to resign if elected triggering a special election. (2) let DeLay withdraw, and run a write-in campaign for another Republican candidate. As I noted on July 9: “Even though the district is a Republican one, it will be hard for Republicans to mount a successful write-in campaign, especially if legal proceedings drag out for a while before the party unites behind a write-in candidate and explains to voters how to cast a write-in ballot.”