Power And Dollar

Democrats are finally sued for not seating Florida delegates

Democrats finally got sued by a Florida resident for not seating the Flroida delegates.  I expect this case to go all the way to supreme court.  And I want to see how the 2 new justices will write their majority opinion.


If the Floridian Victor DiMaio wins, then DNC will not be able to control any kind of scheduling in the future.  Similarly, Republicans will be unable to control their schedules.  So, we may even see Republicans to be Friends of Court in this case!  🙂   

Even if DiMaio loses, as long as there will be more similar cases coming, then defending these lawsuits maybe so costly that there will be no more centrally controlled schedules.   In fact, by having primaries of different states held at different times, the later states would get very little say into this presidential nomination process.  Therefore, one may argue the rights of citizens’ political participated are compromised.  One remedy would be no centrally controlled schedule.  Another remedy would be all states to have their delegate selection at the same time.  

That will directly result in 2 things: 

1) Only candidates who are well funded right at the beginning will have a real chance.

2) There will be a much higher probability that the nomination gets determined on the convention day, where there will a lot of horse trading exercises among the candidates.

3) The influence of super-delegate will significance in this nomination even if this lawsuit is not brought up.  However, this lawsuit will definitely increase their influence in the future even more so than without this lawsuit. 

4) The lost candidates will also be more important than ever in a run-off process and encourage horse trading on that very convention day.

5) If parties (DNC and RNC) will want to avoid horse trading exercises, then a sequential run-off on the convention day or a preferential ballot will have to be implemented. 

Preferential ballot has the least social costs to the members.  Unfortunately many organizations claim it is too complicated to implement.

This lawsuit will also have election financing implications as well, which I will write.


March 14, 2008 - Posted by | america politics, clinton, Current Affairs, Democrats, election, Hillary Clinton, mccain, obama, opinion, politics, Republican, US politics


  1. If Fl and Mi get a do over don’t you think there will be even more lawsuits ?

    Comment by in2thefray | March 14, 2008 | Reply

  2. on what ground? pls elaborate.

    Comment by royho | March 14, 2008 | Reply

  3. The people of the two states are not being disenfranchised. They maybe were ignorant to the rules but their States and party people were not. How do you grant them a do over? If you do grant them a do over why can’t a Huckabee supporter in some state declare “Damn the rules” or an Edwards voter say “no let me vote for Hillary now I want my vote to count too.” for example.The people knew the rules and worked the system as it was. To go back now that the possibilities are different is just wrong.

    Comment by in2thefray | March 14, 2008 | Reply

  4. i see what you are saying.

    the deal between DNC and individual state party is an agreement between 2 entities, not a law. the arguement for a suit is the agreement violates some parts of the constitution. the suit has to identify victim, injury, the availability of remedy and which part of the constitution/law it violates.

    i think it would be difficult for a “damn the rules” case.

    the second requires more thoughts. again, if you can identify those 4 things, then i think you can visit a “courthouse near you.”

    Comment by royho | March 14, 2008 | Reply

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