I am no lawyer, do not pretend to be very knowledgeable on the topic. But I can read and understand when an organization has the courts on their side. This new insistence on seating Florida delegates is not even using common sense. It is divisive, it is causing resentment, and the DNC has the courts on its side.
Tampa activist lawsuit against DNC to be appealed in Atlanta appeals court
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 ... ."
I have been unable to find more about whether DiMaio pursed this case or not. He said at the time it was the "first bite of the apple".
Then along comes Bill, Nelson, that is. He did not do any better.
Judge dismisses Bill Nelson's lawsuit against the DNC.
The Democratic National Committee can penalize the Florida party by stripping the state of its convention delegates because it is holding an early presidential primary, a federal judge ruled Wednesday.
U.S. District Judge Robert Hinkle ruled in favor of the DNC in a lawsuit by Florida congressmen Bill Nelson and Alcee Hastings. Nelson and Hastings had argued that state Democrats were being illegally penalized for the state having the primary earlier than national rules allow.
But Hinkle said that political parties have a First Amendment right to set their own rules and enforce them. The national party did that, which means that Florida will not have a say in picking the Democratic nominee.
From Pushing Rope, here is the Supreme Court precedent giving the DNC that authority.
Supreme Court on the side of the DNC
The 1981 Supreme Court decision for the case Democratic Party of U.S. v. Wisconsin, 450 U.S. 107 clearly states that the Democratic National Committee can make and enforce the rules on the delegate process.
"The State has a substantial interest in the manner in which its elections are conducted, and the National Party has a substantial interest in the manner in which the delegates to its National Convention are selected. But these interests are not incompatible, and to the limited extent they clash in this case, both interests can be preserved. The National Party rules do not forbid Wisconsin to conduct an open primary. But if Wisconsin does open its primary, it cannot require that Wisconsin delegates to the National Party Convention vote there in accordance with the primary results, if to do so would violate Party rules. Since the Wisconsin Supreme Court has declared that the National Party cannot disqualify delegates who are bound to vote in accordance with the results of the Wisconsin open primary, its judgment is reversed.
It is so ordered."
It does seem to me that it is time to remember that it was a Florida Democrat who introduced it, a state senator, Jeremy Ring.
The Florida legislature with the knowledge of the state party pushed it and voted for it 115 to 1. They were contacted and warned by the DNC many times. They were not bullied into this vote. They are not victims.