Updated and bumped:
A federal appeals court dismissed a lawsuit Friday against the Democratic National Committee over the party's decision to strip Florida of its delegates to its national convention.
But the ruling by the 11th U.S. Circuit Court of Appeals said the complaint "raises a number of significant and potentially significant questions," and gave the plaintiffs an opening to amend the lawsuit.[...]
The three-judge panel agreed with a federal district judge in Tampa who dismissed the challenge, saying that Mr. DiMaio "undeniably" lacked standing to bring the lawsuit because he had yet to vote in the Florida primary when it was filed.
"Since DiMaio's complaint does not allege any actual or imminent injury, nor suggest in any way how that 'injury' could be redressed by a favorable judgment, we are without jurisdiction to entertain the appeal," the ruling said. But the ruling suggested he could file another challenge, now that he has voted in the Jan. 29 contest, and mentioned case law that could be included in the lawsuit.
The appeals court basically told DiMaio exactly why they were dismissing the case, in effect instructing him how to go about refiling the case. DiMaio has indicated his intent to refile quickly.
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Lawsuit to Seat Florida Delegates Set for Monday
Published: Mar 14, 08 12:00 PM
A John Edwards supporter, Victor DiMaio -- who is now neutral is the Democratic race going forward -- has filed a lawsuit that asks for the entire Florida delegation (as constituted following the Florida primary) to be seated at the Democratic convention in August. The lawsuit will receive its first hearing Monday in Atlanta.
There isn't much available currently, so I'll try to update this later. Meanwhile, here's the report from the Atlanta Journal-Constitution:
Atlanta could become the center of the political storm on Monday when a federal appeals panel hears a lawsuit that seeks to force the Democratic National Committee to seat all of Florida's delegates at the party's national convention in August.
The suit was filed in August in Tampa on behalf of Floridian Victor DiMaio. It claims the DNC violated his constitutional rights when it stripped Florida's Democratic Party of all 210 of its delegates to the convention as punishment for holding its Jan. 29 presidential primary earlier than DNC rules allow.
The suit was rejected at the district court level in Tampa, but the 11th Circuit Court of Appeals in Atlanta has agreed to hear the case.
DiMaio said Thursday in an interview that the appellate panel's decision to hear the case gives him hope.
"They've cleared the entire docket for the entire afternoon," DiMaio said. "They definitely want to hear our argument."
DiMaio said he supported former Sen. John Edwards and is neutral in the ongoing race for the nomination.
UPDATE: Apparently DiMaio is a long-time Democratic activist who sued the DNC back in 2007.
Details to come, but the Buzz is that Hillsborough Democratic activists Vic DiMaio and Michael Steinberg are suing the DNC over the primary issue. From the legal eagles we've talked to, this won't be a slam dunk. On the one hand the Supreme Court has recognized the right of parties to control their nominating process, but on the other Florida has voting rights counties that could come into play if people's ability to participate is impeded.
From Bill Varian: The lawsuit was filed in the Middle District of Florida, Tampa Division, by Victor DiMaio, a long-time political consultant who also serves on the Hillsborough County Democratic Executive Committee. He is represented by Social Security lawyer Michael Steinberg, a perennial candidate for office who also sits on the executive committee and served as a Florida delegate in 2004.
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