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Court upholds Democrats' oath in Texas; Kucinich to appeal

       Updated: 3/25/2009 5:57:37 AM  Posted: 3/24/2009 11:02:17 PM
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AUSTIN, Texas -- An appeals court says the Texas Democratic Party can impose a loyalty oath on candidates seeking the party's nomination, rejecting a challenge by former presidential candidate Dennis Kucinich of Ohio.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans today affirmed a Texas federal court's ruling that the oath does not violate the U.S. Constitution.

The Democratic Party argued that it has a right to require candidates to pledge to "fully support" the party's eventual nominee. Kucinich claimed the rule violated his right to free speech and shouldn't be a requirement for qualifying for the ballot.

The congressman from Cleveland dropped out of the race in January 2008. He says he will appeal to the U.S. Supreme Court.

© 2010 The Associated Press


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