Florida primary suit has new life (federal appeals court to hear case)

[Wretched Excess]

Florida primary suit has new life
A federal appeals court agrees to hear arguments on a bid to make votes count.

Democrats may be focused on the upcoming Texas, Ohio and Pennsylvania primaries to get a better idea of who their presidential nominee may be.

But a federal appeals court in Atlanta is giving them one more reason to keep at least a wandering eye on Florida.

The 11th Circuit Court of Appeals has agreed to hear oral arguments from a Tampa man seeking to have Florida's Jan. 29 Democratic presidential preference primary votes count.

The decision is no indication of how the court views the merits of the lawsuit. But many suits are rejected on written pleadings alone, which was the case when the suit was filed in the lower court.

"If I was the plaintiff, it's a lot better to be asked than not to be asked," said Stetson University College of Law professor Charles Rose. "It may be the presage of something interesting."

Vic DiMaio, a party activist in Hillsborough County, sued the Democratic National Committee over its decision to strip Florida of its 210 delegates because the state's primary was earlier than party rules allow.

Federal District Judge Richard A. Lazzara harshly dismissed the case in October without a hearing, saying the suit was deeply flawed. He said prior court rulings have made clear that political parties can set their own rules for choosing their presidential nominees.

The primary went on with Democratic candidates banned by the DNC from campaigning in the state. Sen. Hillary Clinton handily won the popular vote, but gained no delegates, before Barack Obama went on a tear of primary victories in other states.

Now the appeals court is saying: Not so fast. It wants to hear more, after reading the written arguments in the case. Each side will get 30 minutes to argue its case on March 17.

Michael Steinberg, a Social Security lawyer and chairman of the Hillsborough County Executive Committee, represents DiMaio. He said the appeals court ruling could set a precedent. Other lawyers reached were not so sure.

Attempts to reach the DNC were not successful.

A different federal judge rejected a similar suit brought by Sen. Bill Nelson, Rep. Alcee Hastings and Rep. Corrine Brown, among other Democrats. The group decided not to appeal, choosing instead to work with the party toward a resolution.

Kendall Coffey, a Miami attorney representing Nelson, said little can be read into how the appeals court views the argument. He said all appeals face long odds, and getting the opportunity to make an oral presentation is like making it to first base.

"It certainly means that there won't be a summary rejection," Coffey said. "I think it also reflects the court's awareness that, if there is merit, it has great public importance."

Mark Herron, an attorney representing the Florida Democratic Party, also a defendant in the suit, wouldn't go that far.

He said the appellate judges could simply have a procedural question, rather than substantive ones.

"I don't think we'll know what the significance of the oral argument is until we actually show up and hear what the questions are," Herron said.

The state party is a reluctant participant in the suit, hoping Florida's delegates get seated. In fact, the party plans to hold caucuses to elect delegates this Saturday in case they should get seated.

Link

I don't think even florida can save her now, but it will be fun to watch.

[Lord Undies]

The thing to remember is that if a court interferes with a party setting its own rules, then the parties are no longer running themselves.  I would like nothing better than to see all the delegates go to Hillary Clinton.  Nothing will please me more than to see Hillary Clinton being the poetry reading act in the middle of a burlesque show.   But the thought of a one-man bench setting the rules is not something I can endorse.

[Wretched Excess]

The thing to remember is that if a court interferes with a party setting its own rules, then the parties are no longer running themselves.  I would like nothing better than to see all the delegates go to Hillary Clinton.  Nothing will please me more than to see Hillary Clinton being the poetry reading act in the middle of a burlesque show.   But the thought of a one-man bench setting the rules is not something I can endorse.

I am actually on hillary's side on this one (and yes, I feel grimy), if only because I think howard dean completely dorked the dog when he rather cavalierly took away all of the convention delegates from the third most populated state in the country.  it was a threat;  when it didn't work, it probably should have been rescinded.

all of these "change the rules after the game has been played' metaphors pale in comparison to counting people's freaking votes.

[DumbAss Tanker]

Actually she's still holding onto a lead in Ohio and Texas is a toss-up, if the Republicans (whose votes won't otherwise matter, Ron Paul notwithstanding) actually do turn out for her at all, it could turn the tide there and then the games are on big time.

So far she does have one big thing going for her which is that she was the winner in the big electoral states that are Blue strongholds.  Obama has won a lot of places that are either small or will likely go Red in the GE.  Due to the way the Electoral College works, distribution of votes in the state-by-state popular-vote Primaries does not necessarily match up with a winning scheme in the General.

[Wretched Excess]

Actually she's still holding onto a lead in Ohio and Texas is a toss-up, if the Republicans (whose votes won't otherwise matter, Ron Paul notwithstanding) actually do turn out for her at all, it could turn the tide there and then the games are on big time.

So far she does have one big thing going for her which is that she was the winner in the big electoral states that are Blue strongholds.  Obama has won a lot of places that are either small or will likely go Red in the GE.  Due to the way the Electoral College works, distribution of votes in the state-by-state popular-vote Primaries does not necessarily match up with a winning scheme in the General.

hillary's campaign manager screwed up.  they had no plan past super tuesday, when they always assumed that they would wrap up the nomination.  and they flatly just disregarded the little caucus states because she didn't think she would need them;  ultimately, they are going to get thair head handed to them.

I think she's going to lose them both.  but The BarackStar! will probably have grown old and been reduced to a mere mortal by the time the general rolls around.

[Lacarnut]

I am thinking that if Clinton appointed some of these Federal Judges, the ruling might go her way. We all know that liberal judges make law rather interpret it

[SSG Snuggle Bunny]

I'm with Undies on this one.

[Wretched Excess]

I'm with Undies on this one.

yeah, I know.  I am standing alone on this one.  it happens sometimes.