Appeals court rules against DeLay

But the disgraced Congressman and his lawyers will try, try again.

The 5th U.S. Circuit Court of Appeals today ruled that former U.S. Rep. Tom DeLay must stay on the November ballot for the office he resigned in June, according to a lawyer for the Texas Democratic Party. Details of the ruling were not immediately available.

Democrats sued Texas Republican Chairman Tina Benkiser had violated state law and the U.S. Constitution in declaring DeLay ineligible for office so the party could replace him on the ballot.

U.S. District Judge Sam Sparks of Austin ageed with the Democrats' position last month and issued an injunction against Benkiser.

The GOP appealed the decision to the New Orleans-based 5th Circuit.

A panel of two Democratic presidential appointees and one Republican appointee heard the case on Monday in New Orleans.

Republican lawyer James Bopp Jr. has said the party will appeal again, if it lost the ruling before the panel. The party could ask the full 5th Circuit to hear their appeal, or they could take the case to the U.S. Supreme Court.