Madfloridian's Journal - Two lawsuits and a Supreme Court precedent on the side of the DNC

in determining the Florida delegates' issue. Now it sounds to me like Hillary is going to fight to have them counted.

I have not heard if she will file another lawsuit, so can not speak to that. If she fights for the delegates though the states were sanctioned, though the courts have ruled in the DNC's favor...it will not go down very well at all. I did not really think she would do this.

Here is a review of the lawsuits and the Supreme Court precedent.

First the 1981 Supreme Court decision in favor of the DNC. From Pushing Rope blog.

The DNC Can Refuse To Allow Florida To Have Delegates

The 1981 Supreme Court decision for the case Democratic Party of U.S. v. Wisconsin, 450 U.S. 107 clearly states that the Democratic National Committee can make and enforce the rules on the delegate process.

"The State has a substantial interest in the manner in which its elections are conducted, and the National Party has a substantial interest in the manner in which the delegates to its National Convention are selected. But these interests are not incompatible, and to the limited extent they clash in this case, both interests can be preserved. The National Party rules do not forbid Wisconsin to conduct an open primary. But if Wisconsin does open its primary, it cannot require that Wisconsin delegates to the National Party Convention vote there in accordance with the primary results, if to do so would violate Party rules. Since the Wisconsin Supreme Court has declared that the National Party cannot disqualify delegates who are bound to vote in accordance with the results of the Wisconsin open primary, its judgment is reversed.

It is so ordered."

In Florida the first lawsuit was filed by a Tampa activist, Victor DiMaio.

Tampa activist lawsuit against DNC to be appealed in Atlanta appeals court

TAMPA - The first legal challenge to the Democratic National Committee's refusal to seat Florida's delegates to the party's national convention next year was thrown out of federal court Friday.

Calling the matter "an intra-party dispute," U.S. District Judge Richard Lazzara concluded the arguments made by Tampa-based Democratic voter and political consultant Victor DiMaio contained no legal basis for challenging the national party. Lazzara wrote, "The Supreme Court has consistently recognized that national political parties have a constitutionally protected right to manage and conduct their own internal affairs, including the enforcement of delegate-selection rules and the decision as to which state delegates it will recognize … ."

Then later Senator Bill Nelson filed his own lawsuit against the DNC. His case was quickly dismissed in favor of the national party.

Bill Nelson lost his lawsuit against Dean....on the same civil rights issue Hillary is using now.

The judge told Nelson to sue the State of Florida on the civil rights issue, NOT the DNC.

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."

Florida's Dan Gelber admitted they did not fight the GOP when they voted for it 115 to 1.

If they had fought the GOP their delegates would have counted.

Many news sites published that what Florida was doing was wrong. Here are four of them. One called Florida a Primary Bully

Time to leave those delegates alone.