CNN
A Florida court threw out a lawsuit Wednesday challenging the Democratic Party's decision not to seat delegates from Florida — as litigants prepared to appeal the case to the U.S. Supreme Court.
Political consultant Victor DiMaio and his lawyer Michael Steinberg had compared the party's decision to earlier prohibitions against allowing African-Americans to vote and invoked the trauma of the Florida recount in the 2000 contest between Al Gore and George W. Bush, both arguments also used by Hillary Clinton to support the seating of the state’s delegates
Democratic Party chairman Howard Dean says the situations are not comparable.
"You cannot violate the rules of the process and then expect to get forgiven for it," he said.
Judge Richard Lazzara sided with the party, saying that this was not a civil rights issue, the parties have the right to make their own rules.
This is the second such suit that has been brought in FL, Sen. Bill Nelson and Rep. Alcee Hastings brougth suit earlier, which was also thrown out, on the same grounds.
Meanwhile, Clinton supporters heads are exploding.
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[Update]
Personally, I think this is just some grandstanding to get emotions high for a good "convention floor fight". DiMaio has already filed an identical suit once before, and it was already thrown out, by the same judge, on the same grounds...
Judge Rules DNC, Florida Clash Is 'Intra-Party Dispute'
Published: Oct 6, 2007
TAMPA - The first legal challenge to the Democratic National Committee's refusal to seat Florida's delegates to the party's national convention next year was thrown out of federal court Friday.
Calling the matter "an intra-party dispute," U.S. District Judge Richard Lazzara concluded the arguments made by Tampa-based Democratic voter and political consultant Victor DiMaio contained no legal basis for challenging the national party.
Lazzara wrote, "The Supreme Court has consistently recognized that national political parties have a constitutionally protected right to manage and conduct their own internal affairs, including the enforcement of delegate-selection rules and the decision as to which state delegates it will recognize ... ."
This is a case in which "the party's national convention, and not a court, is the proper forum for determining this intra-party dispute with regard to the seating of the State of Florida's delegates," Lazzara wrote.
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DiMaio v. Democratic National Committee
Case Summary
In this case, Hillsborough County Democratic Executive Committee member Victor DiMaio has brought a declaratory judgment action against the Democratic National Committee (DNC) to determine whether the DNC violated federal law or national party rules when it decided to take away Florida's votes in the national presidential nominating convention. The DNC made this determination as a result of the State of Florida's decision to move its primary election to January 29, 2007. DNC rules prohibit states from having their presidential primary elections earlier than the first Tuesday in February, with specific exceptions for New Hampshire, Iowa, Nevada, and South Carolina. The complaint seeks a determination that the DNC's decision violates Article II and the 14th Amendment of the U.S. Constitution. Alternatively, the plaintiff asks the Court to determine whether the National Democratic Party and the State Democratic Party may implement an alternative Party-run delegate selection system which does not conflict with the National Party rules.
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Status: Complaint filed on 8/30/07. Judgment in favor of defendants entered 10/9/07. Notice of appeal to 11th Circuit filed 10/10/07. Oral argument scheduled before the 11th Circuit on 3/17/08. Case dismissed without prejudice for lack of standing 3/21/08. Case refiled in District Court on 4/8/08.
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Update [2008-5-28 12:54:25 by second gen]:
I wanted to add this comment from an actual Floridian:
Cocoalove:
Pardon me. I posted this down thread, but as an extremely pissed off Floridian, I want to make sure these comments are up top.
Please, leave us in Florida the hell alone! No one fought this diligently in 2000, when there was a real crisis. Stop trying to snow us with this legal challenge that only benefits Hillary. It has nothing to do with the disenfranchisement of black people. <serious eyeroll>
We did our part. Y'all should step away, far away from us. We don't want or need your help!
Ugh!
And I have to wholeheartedly agree. I'm in Michigan, and although I did go vote, there are a ton of people who didn't. There are a ton of people who voted for Hillary because she was the only (major) candidate on the ballot, and there are a ton of people who voted on the Republican ticket. Don't tell me it's not going to count, then try to count it.
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Wow... rec list. I'm honored.