Wednesday, December 05, 2007

Blame Bill Nelson

In news that will shock no one: Judge Robert Hinkle threw Bill Nelson's lawsuit against the Democratic National Committee out of court.

U.S. District Court Judge Robert Hinkle took all of an hour to rule against Sen. Bill Nelson’s lawsuit against the DNC for stripping Florida of its 210 delegates to next summer’s nominating convention.

The DNC and RNC makes the rules about delegate selection for the national conventions. The 1981 Supreme Court decision Democratic Party of U.S. v. Wisconsin, 450 U.S. 107 makes that absolute.

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.

Hinkle isn't about to turn over a Supreme Court precedent. It is not for the courts to decide rules made up by the party. Florida Democrats are not going to have delegates because Nelson blew off Howard Dean.

MIAMI, Fla.-Florida Democrats have embraced an early primary on Jan. 29 despite the national party's threat to penalize them by taking away half their delegates to the national convention.

Karen Thurman, the party chairwoman, and Sen. Bill Nelson said Monday that the leadership had voted unanimously to accept the date. The state party has to submit a plan to the Democratic National Committee by Friday

Nelson had the audacity to dishonestly lay the blame on Republicans for a primary date he voted to support.

"It says Florida's earlier primary — set by the Republican Legislature and governor — would affect the sequence of contests in Iowa, New Hampshire, Nevada and South Carolina."

The Florida Democratic Party has final say over when their party's primary is held. That is why Nelson and Thurman voted on the matter (and ignored Howard Dean's warnings.) If their was any justice Nelson and Thurman would be kicked out of the FDP. Following the lame brain idea of Crist and the Republican legislature is stupidity. Not a valid excuse.

What has alway bugged me about Nelson's grandstanding is he can not be man enough to admit he fucked voters over with his arrogance. Nelsom's lawsuit wasn't about protecting voter rights. Nelson is covering his ass.

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At December 05, 2007 9:37 PM , Blogger Professor Rex said...

There are some significant problems with this post, I think.

>Florida Democrats are not going to have delegates because Nelson blew off Howard Dean.

Florida is going to have delegates. As you mentioned, the DNC sets the rules for delegates. One of those rules is that the committee that decides which delegates are seated is appointed by the nominee, not by the DNC. The DNC penalty is symbolic. Thurman knew this, Dean knew this and people who have gotten their information from anywhere other than the mainstream media knew this. The nominee will certainly seat Florida's delegates a mere couple of months before the election. Dean has said so. Pelosi said so. Obama said so. Everyone at the DNC fall meeting I attended last week said so. Not one single person with any direct knowledge of the rules and the situation anywhere has said anything to the contrary.

>If their was any justice Nelson and Thurman would be kicked out of the FDP.

The whole point of moving the primary to an earlier date was to force a change to the primary process, which is broken and has hurt the Democratic Party in the past. Dean has already suggested that he favors the proposal of a rotating regional primary, something that will almost certainly be put into place in 2012. That means what was done here will benefit the overall party in the long run. This was an act of civil disobedience that appears to be successful.

>Nelsom's lawsuit wasn't about protecting voter rights. Nelson is covering his ass.

Actually, I think Nelson was attempting to raise his profile. He knew in advance the lawsuit had no chance of success, just like he knew that the "punishment" from the DNC was symbolic. I think he's angling to be Hillary's running mate and his getting his name in the news to make that more likely.

At December 06, 2007 10:45 AM , Anonymous Anonymous said...

Yes, you are totally right. . We've got enough elected Democrats. The FDP shouldn't be wasting money trying to elect more Democrats. They should be blowing hundreds of thousands of dollars on a caucus instead of the primary that the state pays for. That makes sense.


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