DeLay won the 22nd-district Republican primary in March and then resigned from Congress in June saying he'd moved to Virginia. The appeals court upheld the ruling of a federal judge in Austin. DeLay has hinted that if he can not be replaced he'll run for the seat. The Democratic candidate is Nick Lampson. Political analyst George Strong says it will be a tough campaign for DeLay.
"Tom DeLay has seen all the polls in that district which have shown that he would have an uphill battle against Nick Lampson, mainly because of the large number of Independents who don't vote with either of the parties, have decided that Tom DeLay is not somebody that they want to represent them."
If DeLay runs and wins, Strong says he does not have to serve.
"Then what he's got to do if he is elected is refuse to take the oath of office. And then the Governor would call a special election, and I guess we'd go through this again."
Lampson says regardless of what the GOP does next, he's looking forward to a vigorous issue-based campaign.