Will there be a lawsuit in Florida? - Democratic Underground

Skink

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Tue Jan-29-08 01:46 PM
Original message

Will there be a lawsuit in Florida?

when it is determined that Florida's delagates would have made the difference in who gets the Democratic nomination.
Already record numbers of votes have been cast in that state.

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bluestateguy

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Tue Jan-29-08 01:49 PM
Response to Original message

1. The courts have no jurisdiction here

It's not a decision I agreed with, but unless there is overt racial discrimination, courts don't often mess with party primaries and delegate credential fights.

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suston96

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Tue Jan-29-08 02:00 PM
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2. Really? No jurisdiction?

I Googled 'party delegates court cases' and found a whole bunch...

http://supreme.justia.com/us/419/477/

U.S. Supreme Court
Cousins v. Wigoda, 419 U.S. 477 (1974)

Cousins v. Wigoda

No. 73-1106

Argued November 11, 1974

Decided January 15, 1975

419 U.S. 477

But this decision seems to support what you posted .....

.....2. In the selection of candidates for national office, a National Party Convention serves the pervasive national interest, which is paramount to any interest of a State in protecting the integrity of its electoral process, and the Circuit Court erred in issuing an injunction that abridged the associational rights of petitioners and their Party and the Party's right to determine the composition of its National Convention in accordance with Party standards. P P. 487-491.

Many more cases, so courts do have some "jurisdiction".

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madfloridian

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Tue Jan-29-08 02:02 PM
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3. There were two already.

Edited on Tue Jan-29-08 02:02 PM by madfloridian

Bill Nelson's lawsuit. Nelson v Dean.

The DNC won.

Victor DiMaio's lawsuit against the DNC.

It was dismissed.

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madfloridian

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Tue Jan-29-08 02:12 PM
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4. Here is more about Nelson's lawsuit.

http://journals.democraticunderground.com/madfloridian/1678

Here is something about DiMaio's lawsuit. He appealed, have not heard the outcome.

http://journals.democraticunderground.com/madfloridian/1561

The 1981 Supreme Court ruling will probably be precedence.

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