"Tampa Democrat re-files DNC lawsuit in federal court". This will never end.

[madfloridian]

I just posted about this a day or so ago. I hope they were kidding that it would be about racial diversity. This article does not give details. More will come, I guess.

The lawyer is the chairman of the Hillsborough County Democratic party. The latest lawsuit by this duo was dismissed in appeals court last month.

Tampa Democrat re-files DNC lawsuit in federal court

TAMPA -- A lawsuit over the seating of Florida delegates at the Democratic National Convention has been re-filed in Tampa Federal Court.

Democrat Victor Dimaio of Tampa originally filed the lawsuit back in August, with the hopes of getting Florida Delegates' votes to count at the upcoming Democratic National Convention.

That suit was rejected in a Tampa court. An appeals court in Atlanta later ruled that the lawsuit should not have been rejected.

Dimaio has amended the suit and re-filed it in Tampa federal court.

He will hold a news conference at 2pm today, to release more details.

I can not wait to see if the ABC blog from the Tampa affiliate was right. It will surely turn some heads if it was correct.

Floridians are suing Dean for trying to promote racial diversity.

What an interesting turn of the worm. Sometime next week, we may have democrats suing democrats for carrying out a very democratic policy of advancing minorities. Steinberg and DiMaio acknowledge with a grin that their reverse racism accusation will ruffle feathers, but hope the conservative judiciary will be delighted to strike a blow against affirmative action and rule in their favor. Their only objective, they claim, is to see all of Florida's delegates seated based on the January 31st primary election.

I mourn for what my state has become. Hubby and I were so active in various ways for Democrats in 2003 and 2004. When they voted with the GOP to move up the primary, when the emails were sent out to us blaming Dean and trying to crash the DNC fundraising....it took the enthusiasm out of us.

This does not have to go on this way. I wonder when if ever a court decides that a nuisance suit is being filed and refiled and refiled.

There is no good reason for this. It is meant to damage the party, it is meant to cast doubt on the legitimacy of the results if Obama is the nominee. Bottom line.

[midnight]

1. Didn't they alread try to sue Howard Dean before?

[madfloridian]

2. When jackasses overreach.

I thought of this blog today.

Florida, Michigan and the Jackass That Overreached

The voters in Florida and Michigan have been screwed, but not by the DNC. They were screwed by their shortsighted state party leaders.

With apologies to Aesop:

A donkey with an apple in its mouth once walked across a bridge. In the pond below, it thought it saw another donkey with a bigger, redder apple. The donkey reached down for the reflection of its apple, and dropped the real apple instead.

Moral: that’s what happens when jackasses overreach.

[Hawkeye-X]

3. They'll throw the case out just like Atlanta did. Don't worry.

It'll go nowhere, and hopefully the courts will rule that their case is a Barratry case and order them to cease and desist, or face heavy sanctions (or even jail time)

Hawkeye-X

[madfloridian]

6. But the appeals court said they should refile. Read this article.

http://www.kxmc.com/News/Nation/221995.asp

11th Circuit Upholds Florida Dismissal�Invites More Lawsuits Against DNC

"Friday,The 11th Circuit Court of Appeals upheld the dismissal, but all but invited Dimaio to refile or amend his suit now that he has voted in the primary, Most oddly, the very first sentences of the Appeals Court order read as follows:

This appeal 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, the extent of the Fourteenth Amendment's state action requirement, and the associational interests of national political parties. However, because the plaintiff Victor DiMaio undeniably lacks standing to bring this suit, we affirm the district court's determination that this case is nonjusticiable, construe the district court's dismissal of the case to be without prejudice and, therefore, dismiss the appeal without prejudice for lack of subject matter jurisdiction.

“Without prejudice” is exactly the opposite conclusion from that of the Tampa trial judge."

Sounds to me like the court just might start injecting inself into party business at the invitation of Democrats.

[Hawkeye-X]

8. The problem I see here (IANAL)

If they try to apply the 14th amendment, they have another problem - do they even have a test case or a precedent to cover this issue? The main problem that the case has, that it already has two different precedents - US vs Wisconsin and I forgot the other one that has been discussed to death here, and they can try and appeal, but by the time it'll be too late for Florida, and may even be shut out completely from the convention because of this frivolous lawsuit by the rules committee. I don't even think Equal Protection Clause even applies to a privately-run party primary contest - the Democratic Party paid for it, and they can run it as they see fit. They certainly can make their own rules, and I don't the EPC has been impacted at all, because it is not a public contest like GE is. That's what they don't get (do Floridans have something in their water that fucks up their brain?)

Hawkeye-X

[madfloridian]

9. It is their 3rd court hearing, plus one hearing for Bill Nelson.

They just keep on. Why did the appeals court nudge them on? I am no lawyer, either, just smell a very bad odor.

[Coexist]

4. ugh.

[madfloridian]

11. Agree.

That is about all there is to be said.

Still looking for an update from their press conference.

I just wonder how long they can get the courts to accept the case.

[olkaz]

5. After 2000, I have pretty much expected Florida to find a way to mess up every election.

So I'm sure this will get much more interesting.

[madfloridian]

7. Just FYI, there is already a Supreme Court precedent in favor of the DNC

http://journals.democraticunderground.com/madfloridian/1848

But these two don't care. And apparently Floridians who are in a position to dissuade the two from further lawsuits....don't care.

They seem to be ok with court getting involved in intraparty things.

[madfloridian]

10. Democrats from FL are making big names for themselves over this.

Bill Nelson, Debbie Wasserman Schultz, the Tampa duo who file all the lawsuits with unlimited financial resources apparently...plus Jon Ausman, Steve Geller, the bramble bush guy.

They are taking advantage of their moment in time.

[madfloridian]

12. Update: Suing because DNC included SC and NV for racial diversity and size.

Thus the lawsuit says they discriminated against Florida.

This is so sad that two guys can have two court hearings already, and heading for another one. Costing the DNC money and time when there are bigger battles to fight.

I hope someone in the Florida Democratic leadership exerts some pressure. Oh, wait, I forgot, Steinberg IS Florida leadership.

http://www.jacksonville.com/apnews/stories/041008/D8VV7B9G2.shtml

"A previous lawsuit filed last year by Victor DiMaio of Tampa was thrown out of the U.S. District Court in Tampa. But the 11th Circuit Court of Appeals, in a ruling last month, gave DiMaio an opening to amend and refile it, which he did Wednesday.

The national party stripped Florida and Michigan of their national convention delegates because they moved their primaries to January dates that were earlier than party rules allowed.

By doing so, DiMaio contends, the DNC is disenfranchising Florida's Democratic voters by keeping them from having their say in choosing the party's nominee.

In the new suit, DiMaio also claims the DNC is discriminating against Florida voters because the party has acknowledged setting the four earlier primaries in New Hampshire, Iowa, South Carolina and Nevada on the basis of the size or racial makeup of their populations"

[Hawkeye-X]

13. This case has no merit. It's actually an insult.

I'm hoping that court will throw it out again, telling them to stop filing, or risk barratry.

Hawkeye-X

[AZ Criminal JD]

15. The case may have merit.

Despite what has been posted on this board several times, the major political parties can't just do what they want in the primary system. The U.S. Supreme Court in 1927 used the 14th Amendment in Nixon v. Herndon to stop the Texas Democratic party from having white only primaries. The Supreme Court has said in many cases that when a political party is the only effective way for a group (here-racial) to participate in the political process then that party has obligations under the Constitution to allow that group to participate. In Florida, and elsewhere, black voters overwhelmingly participate in the Democratic primary. These primaries are state funded. Therefore that is why the party must have an avenue for black votes to count from Florida. That is why the appeal court "invited" the plaintiffs to re-file in my opinion.

[ShortnFiery]

18. As much as I don't want us to morph into Lock-Step GOPers, I wish more DEMOCRATS would

realize when it's time to "fold them" and come together as "a team" to support the greater good of The Party?

We just can't do teamwork ... but damn, with the right MEMBERS - just perhaps we can do better? I hope these troubling legislators in Florida get ousted. Well, we can dream, can't we?

[hayu_lol]

14. Thanks Mad for keeping us all up to date...

These suits are more about a few egos than they are about votes/delegates etc. in my opinion.

[ShortnFiery]

16. I know that Florida is part of our beloved USA, but sometimes I wish this state ...

would just go it's own "special way." With regard to too many ELECTIONS, Florida is proving to be such a pain in the ass! Hello? Can't we communicate, cooperate and compromise? Or is that tantrum you're thowing helping you to feel better at the expense of our entire Democratic Party?

Unbelievable. :(

[DarienComp]

17. FloriDUH.

I'm so tired of their horse shit. 48 other states have their acts together.

[kwenu]

19. It will end up in the heap like the others. But at some point a judge will throw the lightining bolt

at the attorney with sanctions for bringing a frivolous or vexatious lawsuit.