March 21st, 2008
12:09 PM ET
15 years ago

Appeals court throws out suit on Florida delegates

[cnn-photo-caption image= caption="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
soundoff (119 Responses)
  1. Kevin

    Idiotic Americans. Trying to sue a private political party for "violating" the Constitution. Geez...

    March 21, 2008 01:33 pm at 1:33 pm |
  2. Joe

    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.

    March 21, 2008 01:34 pm at 1:34 pm |
  3. Very Concerned American

    What's wrong with revoting in Florida and Michigan. No state wants to be disenfranchised. Just do a revote.

    March 21, 2008 01:38 pm at 1:38 pm |
  4. Adam

    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.

    March 21, 2008 01:43 pm at 1:43 pm |
  5. Gail

    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.

    March 21, 2008 01:53 pm at 1:53 pm |
  6. Marjorie

    AMEN!!! So let it be.

    March 21, 2008 02:10 pm at 2:10 pm |
  7. Rosalee

    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.

    March 21, 2008 02:11 pm at 2:11 pm |
  8. RANDY Y

    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!

    March 21, 2008 02:12 pm at 2:12 pm |
  9. Skaught

    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.

    March 21, 2008 02:15 pm at 2:15 pm |
  10. Wang LI

    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 ?

    March 21, 2008 02:15 pm at 2:15 pm |
  11. Yolanda Diaz

    How can Obama win, without Michigan and Florida?

    March 21, 2008 02:15 pm at 2:15 pm |
  12. MattOhio

    Obama is chicken

    March 21, 2008 02:16 pm at 2:16 pm |
  13. theblessedkid

    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.

    March 21, 2008 02:17 pm at 2:17 pm |
  14. Anna, SW Missouri

    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.

    March 21, 2008 02:19 pm at 2:19 pm |
  15. Obama 08

    So, can we now split the delegates evenly and move on?

    March 21, 2008 02:20 pm at 2:20 pm |
  16. Dennis

    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

    March 21, 2008 02:24 pm at 2:24 pm |
  17. Paul from Kissimmee

    That's good news for Obama.

    March 21, 2008 02:24 pm at 2:24 pm |
  18. CB

    What's next Hillary? Running as an Independent threats?

    March 21, 2008 02:24 pm at 2:24 pm |
  19. MrsGrapevine

    I wonder that myself. I guess she didn't think she would need their votes as much as she does now.

    March 21, 2008 02:25 pm at 2:25 pm |
  20. ken

    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.

    March 21, 2008 02:26 pm at 2:26 pm |
  21. U-S-hooray

    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.

    March 21, 2008 02:27 pm at 2:27 pm |
  22. santy

    clintons thinking above the law like bush

    March 21, 2008 02:34 pm at 2:34 pm |
  23. bond

    Too bad, so sad. Next time follow the rules. Vote in November.

    March 21, 2008 02:34 pm at 2:34 pm |
  24. lee

    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.

    March 21, 2008 02:37 pm at 2:37 pm |
  25. A&A

    at this point a re vote is needed if DNC wants FL and MI in for those who voted for GOP too bad...u cast your votes already

    March 21, 2008 02:39 pm at 2:39 pm |
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