Wednesday, September 05, 2007

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.

Wisconsin held an open primary against the wishes of the Democratic Party of the United States. The latter told them that the state's delegates would not reflect the party's votes. Wisconsin took the case to the Supreme Court. The court ruled that states and national parties make their own rules. Winconsin can hold an open primary (which is a bad idea) and the DNC makes the rules on the delegate process. The short answer is Howard Dean is on strong legal ground. He has outmaneuvered Karen Thurman.

I don't see any judge given states the right to tell the DNC and RNC how to make their rules. Only extreme exceptions (Jim Crow era laws) would the courts intervene.

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