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The Texas Blue
Advancing Progressive Ideas

Case Dismissed, but More to Come

A lawsuit against the Democratic National Committee claiming voter disenfranchisement over the barring of Florida's delegates was dismissed by the 11th U.S. Circuit Court of Appeals, but questions — and further legal action — are likely to follow.

The suit was filed in 2007 after the DNC stripped Florida of its delegates for having the primary earlier than the organization's rules allowed. The DNC argued that it has the right to set its own rules. Even though the results favored the DNC, the ruling opened the door for more litigation:

"Since DiMaio's complaint does not allege any actual or imminent injury, nor suggest in any way how that 'injury' could be redressed by a favorable judgment, we are without jurisdiction to entertain the appeal," the ruling said.

But the ruling suggested he could file another challenge, now that he has voted in the Jan. 29 contest, and mentioned case law that could be included in the lawsuit.

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