Florida: suit against DNC's primary schedule set for argument on Thursday
The Fulton County Daily Report reports: While the nation prepares to inaugurate a new president this month, at the federal appeals court in Atlanta a few Democrats are still arguing about the presidential primary process.
On Thursday the 11th U.S. Circuit Court of Appeals will hear a challenge to the way the Democratic Party chooses its presidential nominee. Victor DiMaio, a Florida-based Democratic political consultant, contends that the party violates the federal Constitution by taking states' racial makeup and other factors into account in its rules on presidential primary dates. ...
In May, U.S. District Judge Richard A. Lazzara of Tampa rejected DiMaio's new complaint, granting summary judgment to the party. Within days, the Florida delegates were no longer critical because Hillary Clinton began backing Barack Obama, and in August all Florida's delegates received a full vote at the convention.
But in their 11th Circuit brief, the party's lawyers write that they can't say the issue DiMaio raises won't come up again, as the state law setting the primary date ahead of what party rules allow remains in effect -- which DiMaio calls a "train wreck" waiting to happen. The 11th Circuit recently requested additional briefing on whether the case is moot given that the election is over, said DiMaio's lawyer, Michael A. Steinberg of Tampa. -- Law.com - Primary Election Battle Continues in Federal Court