The Democratic National Committee can penalize the Florida party by stripping the state of its convention delegates because it is holding an early presidential primary, a federal judge ruled Wednesday.

U.S. District Judge Robert Hinkle ruled in favor of the DNC in a lawsuit by Florida congressmen Bill Nelson and Alcee Hastings. Nelson and Hastings had argued that state Democrats were being illegally penalized for the state having the primary earlier than national rules allow.

But Hinkle said that political parties have a First Amendment right to set their own rules and enforce them. The national party did that, which means that Florida will not have a say in picking the Democratic nominee.

Florida's primary is Jan. 29. But Democratic Party rules say states cannot hold their 2008 primary contests before Feb. 5, except for Iowa, Nevada, New Hampshire and South Carolina. The calendar was designed to preserve the traditional role that Iowa and New Hampshire have played in selecting the nominee.

Hinkle said he wanted to issue a quick oral decision because there was some urgency in the case. He planned to issue a written decision by Monday, but anticipated that would not be the last word in the case.

Chief U.S. District Judge Robert Hinkle this afternoon dismissed Sen. Bill Nelson's lawsuit against the Democratic National Committee over Florida's early primary date. Hinkle granted to DNC Chairman Howard Dean a motion for summary judgment.
The ruling lets stand the national party's sanctions against the state that strips Florida of its entire delegation to the Democratic presidential nominating convention next year.

Hinkle said the Democratic National Committee has a right to set its schedule for primaries. The national party penalized Florida because it broke party rules by jumping the state's primary date ahead to Jan. 29.

To rule otherwise would be a free-for-all with all 50 states, Hinkle said. He gave the plaintiffs the choice to re-file under the voting rights act against the state of Florida if they choose."