DiMaio v DNC Lawsuit Granted New Hearing...says it may determine next president.

[madfloridian]

This hearing will be in March 17. It will affect the outcome of the Florida delegates. Many are surprised it was granted an appeal.

DiMaio v DNC Lawsuit Granted New Hearing

Tampa, FL- (Tampa, FL) The landmark Federal lawsuit that could determine the next President of the United States that was originally filed in Tampa Federal District Court by Social Security and Disability Attorney Michael Steinberg in behalf of Florida Democratic Political Consultant and registered Hillsborough County Hispanic Democratic voter Victor Rudy DiMaio (pronounced DE MY O) has been granted an appeal hearing before the 11th Circuit Court of Appeals at 1:00 p.m. in Courtroom 339 on Monday, March 17, 2008 at the Elbert P. Tuttle Courthouse located at 56 Forsuth Street, NW in Atlanta, Georgia.

Tampa Attorney Michael Steinberg filed the lawsuit in August 2007 on behalf of Victor DiMaio against the Democratic National Committee (DNC) over its decision to strip Florida of all its 200 plus delegates to the Democratic National Nominating Convention that convenes this August 2008 in Denver, Colorado.

"We have been impatiently waiting for the Appeals Court to grant us this hearing considering the fact that time is running out if we have to appeal our case to the United States Supreme Court if the Florida Delegation is still shut out of the convention in August at the same time the Supreme Court takes its annual recess" according to Mr. DiMaio. "We are grateful to the Atlanta Justices for granting us the best option of of the three options available. The Court could have denied our appeal and dismissed our case or they could have asked us to mail in our pleadings. Instead they have granted us the opportunity to present oral arguments and the Court has cleared their docket for an entire afternoon, an option that was denied to us at the Tampa District Court. Considering the closeness of the Presidential Election at this point, every delegate vote could make a difference in deciding who the next President could be."

They apparently do plan to take it to the Supreme Court, even though there is already a Supreme Court precedent in favor of the DNC. I sort of hoped they would not do this. With the possible Texas lawsuit by the Clinton campaign, this could really screw up our nomination.

Here's the Supreme Court precedent.

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."

I really worry about how this will affect the election in a year when we have so much going for us. Florida's Bill Nelson has had a lot to say on this issue.

"some even tried to silence our state"

"In this primary, some even tried to silence our state," Nelson said as he endorsed Clinton from the stage Tuesday night. "Hillary Clinton will never let that happen."

Democratic presidential candidate Sen. Hillary Clinton (second from left) thanks supporters with Congressman Bill Nelson of Florida, Congressman Alcee Hastings of Florida, Miami Mayor Manny Diaz and U.S. Rep. Debbie Wasserman Schultz (D-F.L.) (left-right) after polls closed at the Signature Grand in Davie, Florida on Tuesday, January 29, 2008.

This rather will put a damper on Tuesday's elections.

[Gore1FL]

1. I wouldn't worry

if you add MI and FL delegates to the mix currently, Obama is still ahead. Likely the outcome of TX, OH, RI, and VT won't change it.

[madfloridian]

2. Questions: Are they trying to overturn SC precedent? Will it affect the election?

I guess it just doesn't make sense to me. There is already a precedent. Is this just meant to keep things stirred up and have a shadow over the nominee?