More Flawed Thinking on TDP v Benkiser

It never ceases to amaze me how overblown our Republican friends get whenever they ponder their courtroom loss in deposing Tom DeLay from the ballot in order for him to chicken out of a tough re-election contest. This version comes from Houston's own Gary Polland:

The Republican Party of Texas' legal strategy was a series of blunders from beginning to end. This is an unfortunate reflection upon our state party and the leadership it provides, but it is also the reality. Several key missteps caused the current situation:

* Chairman Benkiser did not adequately prepare for or document DeLay's change of residency when she removed his name. This was a chance where a little extra effort could have paid off. Instead it hurt them later when trying to prove DeLay's ineligibility.

* RPT did not have their case together. In trial, the RPT's arguments and witnesses came across as under-prepared. They made crucial mistakes that also limited their ability to make a stronger case on appeal.

* Moving to Federal Court was a monster mistake. RPT assumed that the 5th Circuit Court of Appeals would rule in our favor simply because they're perceived as a Republican court. Instead, the RPT simply invited the federal government to intervene on a matter of state law. Not only was this a foolish move - it was decidedly not conservative. Conservatives respect our system of federalism and the rights and laws of the states. RPT neglected principle for perceived convenience, and it backfired.

This is just stunningly awful analysis ... but at least Gary Polland didn't exercise the poor judgement to brag about the seriousness of his studies in American Constitutionalism in the same moment.

TDP v Benkiser was settled on one very simple provision of the United Stated Constitution ... that being the qualification clause for members of Congress. Tom DeLay chose to leverage the point of being a "resident of the state at the time of election" ... an attribute that can only be determined at the time of election or under definitive, irreversible causes. Death, of course, is one such irreversible situation. Being in jail for a defined period of time is an irreversible cause. Claiming yourself as a resident of two different states, none of which are Texas, may well be unforgivable ... but it's not irreversible.

In short, the Texas Republican Party never had a leg to stand on in this case. That's not their fault ... it's Tom DeLay's. Polland's analysis is just another entry in how contorted views get when there's more emphasis in the exercise of power than in the excercise of thought. By the way, though ... all of those judges on the Harris County courts? Polland has more than a few fingerprints (in his capacity as a former party chairman) in handpicking them to run for office. So just think about it. The flawed legal analysis above is just a harbinger of the genius you're sure to get with another two years of unfettered Republican rule of the courts here in Harris County.

Remember that in November.