May 28th, 2008
10:45 AM ET
15 years ago

Florida court throws out DNC suit

[cnn-photo-caption image= caption="A Florida court threw out a lawsuit Wednesday challenging the Democratic Party's decision not to seat delegates from Florida."](CNN) - A Florida court threw out a lawsuit Wednesday challenging the Democratic Party's decision not to seat delegates from Florida - as litigants prepared to appeal the case to the U.S. Supreme Court.

Political consultant Victor DiMaio and his lawyer Michael Steinberg had compared the party's decision to earlier prohibitions against allowing African-Americans to vote and invoked the trauma of the Florida recount in the 2000 contest between Al Gore and George W. Bush, both arguments also used by Hillary Clinton to support the seating of the state’s delegates.

"This is nuts. This is not right. How can they remove Florida after all the things that Florida has suffered through– hanging chads, through Bush v Gore, and they're sticking it to us again," DiMaio said before the hearing.

Democratic Party chairman Howard Dean says the situations are not comparable.

"You cannot violate the rules of the process and then expect to get forgiven for it," he said.

Judge Richard Lazarra sided with the party, saying political parties have the right to make their own rules.

DiMaio's is the second Florida lawsuit protesting the Democratic Party's decision to be thrown out of court. An earlier one filed by Sen. Bill Nelson and Rep. Alcee Hastings, both Florida Democrats, was also dismissed.

soundoff (267 Responses)
  1. sdmackey

    As a native Foridian I am sooooooo ashamed!

    May 28, 2008 12:18 pm at 12:18 pm |
  2. peter in PA


    This is funny!!!!

    May 28, 2008 12:18 pm at 12:18 pm |
  3. What if?

    PATHETIC...In Florida on Wednesday, Clinton invoked slavery and the epic civil rights battle against Jim Crow in her quest to count the vote in Florida as-is. I as an African Americans do not support this use of the minority do agree with the use of the epic civil rights for selfish reason.

    Clinton and her supporters now discount all of that and act as if they were always champions of the "disenfranchised" voters in Florida and Michigan. But they weren't. HER SIGNATURE QUESTIONS THAT CARE FOR ALL VOTES, and ALL candidates signed an agreement not to campaign in those two states.

    Thank you Florida court for throwing out DNC suit. Rules are Rules...
    yes, yes, yesssssssssssss

    May 28, 2008 12:18 pm at 12:18 pm |
  4. Darren M.

    Hillary is good, old fachioned, CRAZY! This has been a historic campaign, but it's over. Time to shut in down. The party needs to unite in order to bean McSame in in the fall. It can be done, because Republicans aren't drinking McCain Kool-Aid.

    We've done 7 years of crazy already. We need a change!

    Obama – 2008

    "He's not Crazy"

    May 28, 2008 12:18 pm at 12:18 pm |
  5. Michael Soos

    I pray that the era of the Clintons and their kind is finally over. The lies, the half-truths, the dishonesty. I hear so many people say – "well, that's politics". – I refuse to believe that this is what our country is all about.

    This last attempt for the Clintons to pull one over on the American people – to suggest that these votes are hers and hers alone is quite simply...disturbing.

    May 28, 2008 12:18 pm at 12:18 pm |
  6. Enlightened Voter

    Thank you Florida. Didn't Hillary herself sign the paper agreeing to this? She sounds like another bush trying to break and bend the rules and we don't need her or her kind in the whitehouse.

    May 28, 2008 12:18 pm at 12:18 pm |
  7. John Veverka

    I agree. The rules that they both signed are "the rules" the should stand b y. You can't change the rules just because you are losing. The DNC should probably seat both states, but split the delegates evenly so as to not change the outcome from the actual elected delegates.

    I once supported Hillary, but she is looking nothing but desperate now. Playing the sexism card after winning so many states is just sad. It is obvious she is in the ME ME ME mental world rather than the "US" world. DNC – the rules are the rules. If you change them just for Hillary what message are you really sending?

    May 28, 2008 12:18 pm at 12:18 pm |
  8. Mary in AL

    I am very glad to see a judge with good working commonsense. Abiding by the rules and having those rules supported is exactly what we need more of in America.

    May 28, 2008 12:18 pm at 12:18 pm |
  9. Not An Election

    People cannot be disenfranchised because this is not an election. Technically, a political party can use whatever criteria it wants for choosing its candidate. They could flip a coin if they wanted.

    The people of Florida and Michigan will be allowed to vote in the actual election, and therefore, are not disenfranchised.

    So stop saying that they are, morons.

    May 28, 2008 12:18 pm at 12:18 pm |
  10. j kothary, Blaine, WA

    simple : Stick to the rules....both Obama & Clinton agrred to.

    later send 50% of the delegates to the convention...again 50 to each

    Mrs. Clinton isout to destroy the Democratic Party....time to suspend her membership along with Bills Clkintons.

    May 28, 2008 12:18 pm at 12:18 pm |
  11. Ok...

    Seriously, anyone that can justify disenfranchising voters is somehow legitimate is out of their mind!!!!! What do you think this is, a dictatorship or an oligarchy?!?!?! How can Americans actually justify this- it's SICK to think Americans think this way. It just shows how messed up people can become just because they want to win! Democrats have turned into the very person they hate- George W. Bush!

    May 28, 2008 12:18 pm at 12:18 pm |
  12. goodvote

    Could have voted for either Hillary or Obama... But she has been sounding more like someone who is stubborn and unyielding.. like the other decider that I'd like to see riding off into the sunset. Next she'll be asking the courts to decide.

    May 28, 2008 12:18 pm at 12:18 pm |
  13. Chuck Philadelphia

    What I find very hard to fathom is that the Clintons who lost fair and square continue to seek ways to undermine Obama.

    *You cant say "We know Florida and Michigan will not count" then decide because you know need their votes that this has become a Civil Rights issue


    *I don't know if Obama can beat Mccain or not but I do know HILLARY CANT!!

    *I hate that as an African American who was one of them millions who liked and respected the Clintons that I now have nothing but disdain and anger towards them for rude and sometimes condescending remarks that have been made by both of them.

    * For the Clinton supporters who state that would rather vote for Mccain then Obama I feel sorry for you because both Democrats want to end the war while Mccain wants to continue as we have been in the war.


    May 28, 2008 12:19 pm at 12:19 pm |
  14. Lori, Spfld IL

    to Roland: Amen!

    May 28, 2008 12:19 pm at 12:19 pm |
  15. ron

    Why they are fighting now. They should have followed the rules. Hillary's supports don't get it. Hillary can't even manage her campaign how is she going to manage is country. Keep this sick woman out of white house.

    May 28, 2008 12:19 pm at 12:19 pm |
  16. Jeff in Saint Paul

    Gee Roland, not content to campaign for Obama in your own blog, you have to reprint here?

    There is nothing wrong with counting Florida, everybody was on the ballot there, nobody campaigned there, the results should stand. The only purpose in not allowing florida to move up was that the DNC wanted to keep a rush of states from going earlier and earlier and affecting the process at its early stages. The early stages are now over, so lets count the vote. I wouldn't worry about any 'future' precedent, because you can put money on then entire primary season being overhauled to prevent the exact problems we are seeing today.
    Michigan should also be counted, nobody forced Obama to pull his name off the ballot, it obviously wasn't required, so its his own fault for not planning ahead.

    Frankly, I'd rather be part of a party that occasionally bends rules to ensure every vote is counted than part of a party who intentionally and viciously tells voters, who have little control over when primaries are held, that they do not deserve to have their vote count.

    May 28, 2008 12:19 pm at 12:19 pm |
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