/ March 21, 2008

Court Rules DNC Off the Hook for Florida (For Now…)

The 11th Circuit US Court of Appeals has dismissed a suit brought by Victor DiMaio, a Florida Democrat, against the Democratic National Committee for barring the Florida delegates from the upcoming national convention. The court argued that DiMaio had no standing to sue since the suit was filed in 2007, before primary voting had even taken place, and wrote:

“Since DiMaio’s complaint does not allege any actual or imminent injury, nor suggest in any way how that ‘injury’ could be redressed by a favorable judgment, we are without jurisdiction to entertain the appeal.”

However, the judges did suggest that because there was significance to DiMaio’s claims, he would have more success filing his complaint again now that he has voted. Despite the prospect of a second challenge, the DNC is happy with the decision, releasing this statement:

“As two U.S. District Courts in Florida have found, and as the Supreme Court has consistently recognized, national political parties have a constitutionally protected right to manage and conduct their own internal affairs, including the enforcement of delegate selection rules.”

Click for the 11th Circuit Court of Appeals Opinion.

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