Appeals Court Upholds House Election Recount

WASHINGTON — A U.S. Circuit Court of Appeals, in a decision written by Supreme Court nominee Antonin Scalia, Tuesday threw out a challenge to Indiana Rep. Frank McCloskey’s victory in one of the closest House elections of this century.

A three-judge panel of the appeals court for the District of Columbia said that the Constitution clearly makes the House the only judge of who has won an election. The appeals court agreed with a federal district judge who had dismissed the lawsuit.

In the first House-controlled recount in 24 years, it was decided that McCloskey, a second-term Democrat, had beaten Republican Rick McIntyre by four votes (116,645 to 116,641).