NPR: Appeals Court Tosses Suit Over Florida's Delegates

Appeals Court Tosses Suit Over Florida's Delegates

The 11th Circuit Court of Appeals in Atlanta has dismissed a federal lawsuit against the Democratic National Committee over the party's decision to strip Florida of its delegates to the national convention. But it left the door open for possible further legal action.

Florida voter Victor DiMaio filed the suit in 2007 -- before the actual vote in January, 2008. He claimed that the DNC's decision to strip Florida of its delegates -- because it has moved its primary to an earlier date -- violated the 14th amendment's equal protection clause.

The Atlanta Journal-Constitution reports that "the 11th Circuit said DiMaio's case 'raises a number of interesting and potentially significant questions concerning the impact of the Equal Protection Clause on an individual's right to vote in a primary election,' but ultimately the three-judge panel agreed with a federal district judge in Tampa who ruled last fall that DiMaio lacked standing to bring the suit."

But the court left the door open for DiMaio to amend his suit and carry on his challenge to the DNC decision.

It has to do with when he files his original suit. At that time, he had not yet voted in the Florida primary, and so the court ruled he did not have standing. But now that DiMaio has voted, he could try again.

11:48 AM ET | 03-21-2008 | permalink

Comments (Send a comment)

So in effect the 11th Circuit overturns the District Court in Tampa that the plaintiff has a valid argument, but denies the suit on a causual basis because Mr. Dimaio had not voted when he brought the suit.

Seems they could have logically seen their way through to a facial challenge as the Supreme Court did when the George Bush team used the same 14th Amendment argument in the 2000 challenge to stop the Florida recount.

Oh, but wait, the Rehnquist court opined that their 2000 decision, Bush v Gore, would not carry the weight of precedent. How convenient.

Sent by Chester | 12:29 PM ET | 03-21-2008

But it left the door open for possible further legal action.....violated the 14th amendment's equal protection clause.....a federal district judge in Tampa who ruled last fall that DiMaio lacked standing to bring the suit."

Okay, some progress is being made on the judicial level determining Howard Dean's presumption of Constitutional Voting Right's rules and regulations as declared by the DNC.

Mr.DiMaio is learning that getting a suit before the Supreme Court is no easy matter. Maybe Mr. DiMaio will seek adequate counseling to further the suit.

Well, good for you, Mr. DiMaio. I wish you well on your journey.

It's a long road into the Supreme Court eyesight. But Howard Dean must be called onto the carpet for his actions that have potentially violated the voting rights of the good citizens of Florida and Michigan.

The good citizens who are probably so ticked off now that they will all vote Republican in November.

fred camorra call

Sent by fred camorra call | 12:44 PM ET | 03-21-2008

Democrats suing Democrats. What's next? Two candidates fighting pathetic campaigns based upon identity politics alone?

Chickens coming home to roost indeed...

Sent by deek | 1:44 PM ET | 03-21-2008

only its the chicken hawks who have come to roost in washington, leaving there droppings all over our democracy

Sent by tim in exile | 4:43 AM ET | 03-23-2008

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