Judge dismisses Bill Nelson's lawsuit against the DNC.

The Democratic National Committee can penalize the Florida party by stripping the state of its convention delegates because it is holding an early presidential primary, a federal judge ruled Wednesday.

U.S. District Judge Robert Hinkle ruled in favor of the DNC in a lawsuit by Florida congressmen Bill Nelson and Alcee Hastings. Nelson and Hastings had argued that state Democrats were being illegally penalized for the state having the primary earlier than national rules allow.

But Hinkle said that political parties have a First Amendment right to set their own rules and enforce them. The national party did that, which means that Florida will not have a say in picking the Democratic nominee.

Florida's primary is Jan. 29. But Democratic Party rules say states cannot hold their 2008 primary contests before Feb. 5, except for Iowa, Nevada, New Hampshire and South Carolina. The calendar was designed to preserve the traditional role that Iowa and New Hampshire have played in selecting the nominee.

Hinkle said he wanted to issue a quick oral decision because there was some urgency in the case. He planned to issue a written decision by Monday, but anticipated that would not be the last word in the case.

Chief U.S. District Judge Robert Hinkle this afternoon dismissed Sen. Bill Nelson's lawsuit against the Democratic National Committee over Florida's early primary date. Hinkle granted to DNC Chairman Howard Dean a motion for summary judgment.
The ruling lets stand the national party's sanctions against the state that strips Florida of its entire delegation to the Democratic presidential nominating convention next year.

Hinkle said the Democratic National Committee has a right to set its schedule for primaries. The national party penalized Florida because it broke party rules by jumping the state's primary date ahead to Jan. 29.

To rule otherwise would be a free-for-all with all 50 states, Hinkle said. He gave the plaintiffs the choice to re-file under the voting rights act against the state of Florida if they choose."

Nobody realized it, but the storm began gathering in late March 2006. New Florida House Speaker Marco Rubio, a Miami Republican, visited Washington-based Florida reporters and touted a plan to boost Florida's influence in picking presidential nominees by moving the primary earlier than March.

"With all due respect to New Hampshire and Iowa, nowhere are you going to be on a national stage like Florida," Rubio said at the time. "You're going to get questions about Israel, Latin America, immigration. It's the old South, it's Latin, it's Midwestern, it's rural and urban."

Rubio already had Democrats on board.

"Florida Democrats are all for it," Mark Bubriski, spokesman for the Florida Democratic Party, said at the time.

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.

Democratic National Committee member Jon Ausman believes Florida will get a say in the nomination before the battle is over.

“I’m convinced that we can talk to the other states to allow Florida, along with Michigan, to be represented at the national convention.”