And so the Florida primary lawsuit continues against the DNC.

madfloridian

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Mon Sep-22-08 09:04 PM
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And so the Florida primary lawsuit continues against the DNC.

There has been a lawsuit going on by these two fellows since August 2007. The DNC has won every step of the way so far, but Steinberg and Dimaio just keep refiling. And refiling. And refiling.

Today the DNC filed a brief in yet another appeal to a lawsuit that has already been dismissed once. This is only a small part of the history of these lawsuits.

Appellate Court Documents (second appeal)
E-CIP Filed (filed 6/16/08)
Certificate of Interested Persons (filed 7/8/08)
DIS-2 (Letter to district court enclosing dismissal order) issued (filed 7/11/08)
Pursuant to the 11th Cir.R.42-1(b), this appeal is dismissed for want of prosecution because the appellant failed to file a Transcript Order Form within the time fixed by the rules.(filed 7/11/08)
CASE CLOSED - no prosecution (filed 7/11/08)
E-Brief Tendered: Appellant by Michael A. Steinberg (filed 7/21/08)
Motion to Reinstate Appeal.: (Atty: Michael A. Steinberg) (filed 7/23/08)
Amended Motion to Reinstate Appeal: (Atty: Michael A. Steinberg) (filed 7/25/08)
Notice of Transcript Filing Record from Ct. Rptr. (filed 7/28/08)
Reinstatement letter issued (entered 8/14/08)
Appellant Brief Filed (filed 8/14/08)
Record Excerpts (filed 8/14/08)
Certificate of Readiness (9/2/08)
Over the Phone Extension to File Appellee's Brief Granted Until 9/22/2008 (filed 9/8/08)
7-Day Confirmation Letter for Appellee's Brief until 09/22/08. (filed 9/12/08)
E-Brief Tendered by Appellee (filed 9/19/08)

DiMaio v Democratic National Committee.

The DNC brief today requests oral hearings.

The file is in pdf format.

ANSWER BRIEF OF APPELLEE DEMOCRATIC NATIONAL COMMITTEE

STATEMENT REGARDING ORAL ARGUMENT
Pursuant to Rules 28 and 34 of the Federal Rules of Appellate
Procedure and Eleventh Circuit Rules 28-1(c) and 34-3(c), Appellee,
Democratic National Committee ("DNC") states that it desires oral
argument. The issues in this case � which involve the constitutional rights of national parties to set and enforce rules governing the selection of a party's presidential nominee � are ones of national importance. Oral argument is warranted because such argument would significantly aid in the Court's decisional process and provide counsel the opportunity to answer any questions this Court may have regarding the issues in this case.

Take time and read the whole history of this case at this link.

It's a very long page, and a truly amazing thing how this has gone on and on. Everyone says it will have no bearing on our nominee. They tell me not to worry.

But we are just over a month before the election, and the DNC is having to go to court over what has already been settled. OR...has it?

This lawsuit is the one they joked about to the media. It is just a joke to them. Is it really about change, or is it a way to harass the DNC and cost them much needed money and time.

Suing DNC for discriminating against white people in FL, using Rule 11 to get to the Supreme Court

South Carolina and Nevada were allowed to hold their primaries before February 5th because the high percentage of blacks and Hispanics in those states helped compensate for the pasty complexion of Iowa and New Hampshire.

That's the basis for an amended legal filing planned by Tampa Democratic activist, Victor Dimaio and attorney Michael Steinberg who are suing to have Florida's entire Democratic delegation seated at the National Convention in Denver this summer. DiMaio's original lawsuit claimed the DNC's punishment of Florida violated the equal protection clause of the 14th amendment, but that suit was kicked back by the federal appeals court in Atlanta. Steinberg had a brainstorm when he read discovery papers in a similar lawsuit filed by Senator Bill Nelson that showed the DNC put South Carolina and Nevada's primary dates ahead of 46 other states to give minorities more of a voice in the nominating process. Since the DNC receives federal money to hold their convention, the party is subject to federal civil rights law.

What an interesting turn of the worm. Sometime next week, we may have democrats suing democrats for carrying out a very democratic policy of advancing minorities. Steinberg and DiMaio acknowledge with a grin that their reverse racism accusation will ruffle feathers, but hope the conservative judiciary will be delighted to strike a blow against affirmative action and rule in their favor. Their only objective, they claim, is to see all of Florida's delegates seated based on the January 31st primary election.

There were other lawsuits filed in my state over the primary. They were filed by Steve Geller and by Bill Nelson, Alcee Hastings, and Corrine Brown

They chose not to keep filing and refiling, thank goodness.