Federal appeals court dismisses lawsuit over Florida Democratic primary

The US Court of Appeals for the Eleventh Circuit Friday dismissed a lawsuit against the Democratic National Committee[party website] for refusing to seat Florida's Democratic delegation at its national convention. Florida Democratic Party activist Victor DiMaio brought the lawsuit in September 2007, arguing that under Article II and the Fourteenth Amendment [texts] of the US Constitution he had a right to have his vote counted in the party's nomination of a presidential candidate. Friday's judgment affirmed a district court ruling [opinion, PDF] that DiMaio lacked standing to bring the lawsuit, because he had not yet voted in the primary and had suffered no injury. The ruling leaves open the possibility for DiMaio to bring a new case now that he has voted in the January primary.

The DNC refused to seat delegates from Florida and Michigan as a penalty for moving their primaries to dates earlier than party rules allowed, a measure the party defends as appropriate. [MORE]