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.
Idiotic Americans. Trying to sue a private political party for "violating" the Constitution. Geez...
What a mess the DNC created. After complaining in 2000 about Flordia election problems, they totally ignore the will of Flordia voters again.
Regardless of who is right regarding a "do-over", one thing is certain. The Democratic party is NOT the group of people that I want responsible for my healthcare or security. The incompetence is epic.
What's wrong with revoting in Florida and Michigan. No state wants to be disenfranchised. Just do a revote.
Once again this goes to prove how the Clintons will do anything to win. Gladly Americans are beginning to see this. I am an independent, I voted to Bush last time and I am voting for OBAMA this time for sure. If his party leaders take it away from him I may not vote at all. All these issue about race, he is the only who has come out to talk about issues that everyone is afraid to talk about. He is a straight talker, he will make some mistakes since he is not calculating as most politicians and we need people like that. I used to love McCain but I feel like the hardcore republicans are bringing him down. I wish he doesn’t get swayed by their rhetoric and be the Mccain we loved, the straight talker and doer. He is changing his positions so much. I like Politians who will tell it as it is and the Clintons are exact opposite. They move the bar every time and unfortunately the media buy into it.
Why did Obama agree to the ban and now wants the delegates divided 50/50? So the votes will be counted, but not really? He is tricky and manipulating.
AMEN!!! So let it be.
I think the DNC should find a way to seat Florida. I refused to rally around any of the dems candidates comes general election. People of Florida gets a raw deal when it comes to an election. Our votes seems not to count each election.
Clintons new position is I want to win! rules do not matter as long as I get the votes. never mind I will just blame this on Obama too!
No campaigning, no contest. She won by such a small margin, for having such great name recognition, she should be ashamed. Hillary has lost. Finally. It really should be over.
Ms Clinton would do anything to win...
That at least, this is obvious.
What would she be able to do in the White House ?
8 years of Bush... What's next now ?
What is wrong with our political system ?
How can Obama win, without Michigan and Florida?
Obama is chicken
It is sad to see a candidate play with the emotions of the people, and cloud up the real issue by playing on words and old politics. It is clear that Hillary signed and stated verbally that the votes in these states will not count. I pray it is just media spin, and the public is not foolish enough to believe that some how the DNC or even the Obama camp caused this problem.
Hillary's only goal now is to drag Obama down so much that he cannot win in November so she can run again in 2012. She cannot wait 8 more years to run, because she knows that New Yorkers will vote her out of the Senate before then.
So, can we now split the delegates evenly and move on?
I still don't understand how someone could agree to the format of what had been put in place by the DNC, but when you start to be on the losing side, you want what was agreed to in writting to longer be the agreement, sound like the same old system to me. Go Obama
That's good news for Obama.
What's next Hillary? Running as an Independent threats?
I wonder that myself. I guess she didn't think she would need their votes as much as she does now.
I am not a nut, and I to feel my rights have been violated. I will vote for Ralf Nader if the DNC can't fix this problem.
If Hillary Clinton and her supporters don't like the Democratic Party rules, they can go and start their own party.
They could call it the "Divine Monarchy" party.
clintons thinking above the law like bush
Too bad, so sad. Next time follow the rules. Vote in November.
So Obama can be just as misleading as Clinton, is that what this proves? I think flawed is when you don't include 2 large states in a vote - and cut off your nose to spite your face. I don't care why Clinton wants the vote - It's the right thing to do.
at this point a re vote is needed if DNC wants FL and MI in November...as for those who voted for GOP too bad...u cast your votes already