March 21, 2008
Posted: March 21st, 2008 12:09 PM ET
The DNC rendered Florida's January vote meaningless.
ATLANTA, Georgia (CNN) - A federal appeals court Friday threw out a Florida man's suit over the Democratic National Committee's decision to bar Florida delegates from the party's national convention, saying he had no standing to file suit. The ruling by the 11th U.S. Court of Appeals affirms a lower court order that found that Victor DiMaio, a Florida resident who sued the Democratic National Committee and the Florida Democratic Party, "undeniably lacks standing to bring this suit ..." DiMaio claimed that the DNC announced refusal to seat Florida's Democratic delegation because the Florida party violated DNC rules on scheduling its primary violated his constitutional right to equal protection under the 14th Amendment to the U.S. Constitution. The Middle District Court of Florida ruled that DiMaio could not file suit under federal rules because his "complaint does not assert any actual or real controversy with the DNC or the FDP." The appeals court agreed. The DNC said it was pleased with the ruling because it affirmed previous decision that "national political parties have a constitutionally protected right to manage and conduct their own internal affairs, including the enforcement of delegate selection rules." The suit stemmed from the DNC's decision to strip Florida of its convention delegates because the date of the Florida primary was moved up without party approval. Filed under: Delegates Florida |
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