DeLay appeals directly to Scalia-- but no dice.

Having lost his original case and an appeal to have his name removed from the Texas ballot this fall after winning his primary but trying to withdraw, Tom DeLay decided to appeal to a higher power-- fiercely partisan Supreme Court Justice Antonin Scalia. It wasn't to be, though, and DeLay is now stuck either running for office while under indictment or leaving the ballot without a Republican candidate.

[Texas Republican Party Chairwoman Tina] Benkiser's effort to replace DeLay on the ballot was turned back in a series of court decisions that reached a climax Monday at the Supreme Court. She had sought a delay of an appeals court ruling until Republicans could formally ask the Supreme Court to review the case.

The request was routed to Scalia, who handles appeals from the 5th U.S. Circuit Court of Appeals. The New Orleans-based appeals court last week sided with Democrats' claims that, if DeLay is eligible to run but drops out of the race, the Republican Party cannot substitute another candidate.

Less than three hours later, Scalia turned down the request without comment.