Damn these activist judges:

A federal appeals court panel on Thursday refused to let Texas Republicans replace Tom DeLay’s name on the November congressional ballot.

A three-judge panel of the 5th U.S. Circuit Court of Appeals upheld a ruling by U.S. District Judge Sam Sparks, who said in July that DeLay name had to stay on the ballot even though he quit from Congress and moved to Virginia

Now why oh why would these judges rule like this?

Thursday’s ruling said that GOP state chairwoman Tina Benkiser acted unconstitutionally when she tried to remove DeLay as the party nominee because he lived in Virginia. Democrats had noted that DeLay’s wife, Christine, still lives in the DeLays’ house in Sugar Land, just outside Houston

Oh yeah – that pesty thing called The Constitution. Damn the laws of the land. Don’t these judges realize Republicans are above the law?