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Suing For Florida

Submitted by Tully on Thu, 10/04/2007 - 8:17am

The DNC circus in Florida adds another ring, this one judicial. The irony runs deeper and deeper. (The history of this self-inflicted wound can be found in the PREVIOUS linkage listing at the bottom of the post, listed newest posts first.)

Senator Suing Own Party Over Discord on Florida

Senator Bill Nelson of Florida is to file a federal lawsuit Thursday accusing the Democratic National Committee of violating the constitutional rights of four million of the state’s voters by refusing to seat its delegates at the party’s national convention next summer.

The suit also accuses the committee of violating the Voting Rights Act, which protects voters from racial discrimination.

...The suit asserts that the committee is depriving voters of equal protection rights by “committing substantial acts of geography-based disenfranchisement.”

In addition, it says the committee’s decision to penalize Florida will disproportionately affect black voters, most of whom are Democrats, thereby violating the Voting Rights Act.

The suit also says that because the rules infraction has led Democratic presidential candidates to agree not to campaign in Florida before the primary, voters can interact with them here only at fund-raising events. The committee, it says, is therefore imposing “the modern equivalent of a poll tax.”

I have some serious doubts about the VRA applying to party primaries in this sense--the primary will be held, after all, and the DNC's decision will not prevent anyone from voting in it. It's just that under their ruling the vote will be completely meaningless for its intended purpose. But internal party affairs are not the same thing as office-awarding general elections.

Self-inflicted wound. Now, tell me one more time about that "party of the people" thing....

Previous:

It Just Keeps On Giving
Florida Dems to DNC--"Up Yours"
DNC Disenfranchises Florida--Let Every Vote Be Ignored!
A fiery rules committee with the speed of light...
Duh Dumb, Duh Dumb...
Sow, Reap
The DNC: Making Every Vote Not Count!
Dun duh duh...

How does Nelson think he has

How does Nelson think he has standing? We're operating a little blind without seeing the complaint, but the fact that someone has been injured doesn't create standing for anyone to file a federal lawsuit over it: he must be in some way injured. "[T]he irreducible constitutional minimum of standing ... [requires that] the plaintiff must have suffered an 'injury in fact' ? an invasion of a legally protected interest which is ... concrete and particularized...." Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992) (emphasis added); see also Allen v. Wright, 468 U.S. 737, 756 (1984) ("respondents allege harm to a concrete, personal interest that can support standing in some circumstances" (emphasis added); Sierra Club v. Morton, 405 U.S. 727, 740 (1972) ("a party seeking review must allege facts showing that he is himself adversely affected"); Warth v. Seldin, 422 U.S. 490, 508 (1975) (a plaintiff "must allege specific, concrete facts demonstrating that the challenged practices harm him, and that he personally would benefit in a tangible way from the court's intervention") (emphasis added)).

What is Senator Nelson's concrete, personalized injury, and in what tangible way would he personally benefit from the relief sought?

<!-- warth at 503 (plaintiffs "must allege facts from which it reasonably could be inferred that, absent the [defendants' actions] ... there is a substantial probability that they would have [not been injured] ..., and that, if the court affords the relief requested, the asserted inability of petitioners will be removed (emphasis added)).-->

He's a registered Democratic

He's a registered Democratic voter in Florida, would be my guess. If any group is being injured, that would be it.

But I'm having trouble seeing how the VRA actually applies.

UPDATE: Nelson's standing is

UPDATE: Nelson's standing is also that he's a superdelegate for Florida. My bad for missing the obvious.

this speaks to...

Nelson is IMO right morally, regardless of legal standing. This speaks to something I brought up awhile back. If the states are paying for the administration of these primaries, who the F#$% does a political parties think they are to do something like refusing to seat delegates or anything else remotely similar?

The party wants to spit in the face of the state that is good enough to have the primary largely on the state dime in the first place, by saying "well, we won't seat your delegates." Then the state should say this:

"Oh, OK. Do what you want with YOUR convention. Its your party, after all. Oh, and by the way, we'll just leave your party's nominee off our state's ballot, OK? because it's OUR state."

That would hasten this silly game of political chicken to its conclusion.

__________
I have often said, and oftener think, that this world is a comedy for those who think, and a tragedy for those who feel. -Horace Walpole

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