By Billy House
Media General News Service
Media General News Service
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WASHINGTON -- The Eleventh Circuit Court of Appeals has just affirmed a lower court’s dismissal of lawsuit by a Tampa Democrat challenging the national Democratic Party’s disavowal of the Florida primary.
Plaintiff Vic DiMaio contended in the lawsuit that the national Democratic Party violated the rights of Florida Democrats by refusing to recognize the results of the state’s Jan. 29 presidential primary, which was held earlier than party rules allow. DiMaio is a Tampa-based political consultant.
As of now, the Democratic National Committee’s official position continues to be that it will refuse to award convention delegates to Hillary Clinton or Barack Obama from the primary, a contest technically won by Clinton, but without active campaigning by either candidates under a pledge both signed.
In it’s decision, the Circuit Court of Appeals upheld a lower court’s finding that DiMaio has no standing to bring the lawsuit, and that the complaint fails on its merits for other reasons. Those including that “the political parties have a constitutionally protected right to conduct and manage their own affairs."
Here’s a response to today’s ruling from the DNC:
“We are pleased that the United States Eleventh Circuit Court of Appeals affirmed the District Court's dismissal of this lawsuit. As two U.S. District Courts in Florida have found, and as the Supreme Court has consistently recognized, national political parties have a constitutionally protected right to manage and conduct their own internal affairs, including the enforcement of delegate selection rules.”
“Decisions concerning the seating of delegates will be made by the Rules and Bylaws Committee or the Convention Credentials Committee as either committee reviews properly filed challenges."
Plaintiff Vic DiMaio contended in the lawsuit that the national Democratic Party violated the rights of Florida Democrats by refusing to recognize the results of the state’s Jan. 29 presidential primary, which was held earlier than party rules allow. DiMaio is a Tampa-based political consultant.
As of now, the Democratic National Committee’s official position continues to be that it will refuse to award convention delegates to Hillary Clinton or Barack Obama from the primary, a contest technically won by Clinton, but without active campaigning by either candidates under a pledge both signed.
In it’s decision, the Circuit Court of Appeals upheld a lower court’s finding that DiMaio has no standing to bring the lawsuit, and that the complaint fails on its merits for other reasons. Those including that “the political parties have a constitutionally protected right to conduct and manage their own affairs."
Here’s a response to today’s ruling from the DNC:
“We are pleased that the United States Eleventh Circuit Court of Appeals affirmed the District Court's dismissal of this lawsuit. As two U.S. District Courts in Florida have found, and as the Supreme Court has consistently recognized, national political parties have a constitutionally protected right to manage and conduct their own internal affairs, including the enforcement of delegate selection rules.”
“Decisions concerning the seating of delegates will be made by the Rules and Bylaws Committee or the Convention Credentials Committee as either committee reviews properly filed challenges."