by James Oliphant
In the post below, we highlighted why Wednesday's ruling by a Detroit federal judge was a setback for the Clinton campaign.
Here's another reason. In her opinion, U.S. District Court Judge Nancy Edmunds found little sympathy for the state of Michigan when it argued that it passed the statute last year to help voters in the state comply with the rules of the two major political parties.
More importantly, another provision of [the statute] moved the date of the 2008 Michigan Presidential Primary from the fourth Tuesday in February to January 15, 2008. This is directly at odds with major parties' rules. The Democratic Rules state that no "primaries may be held prior to the first Tuesday in February." Because the Michigan Primary violated Democratic Party rules, the Democratic National Committee decided that no delegates chosen as a result of the Primary will be seated at the 2008 Democratic National Convention. The Primary also violated Republican National Commitee rules and, as a result, Michigan Republicans will be deprived of half of their convention delegates.
The Statute caused the Primary to be held in direct contravention of party rules, and both major political parties have suffered serious consequences as a result.
The judge's language here wasn't central to her ruling in the case, that the provision at issue was unconstitutional. But they are strong words from a federal judge (and an independent authority) regarding the state's behavior this primary season.
And perhaps it's language that could be used if a fight at the convention breaks out.
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Comments
I predicted this result, as the DNC is a voluntary-membership party, each member agreeing to the party's rules upon becoming a member of the party. Only governmental entities are prohibited from violating constitutional rights (or private parties 'under the color of law'). This was a silly lawsuit. On the OTHER hand, a REAL lawsuit happening right now involves both clintons, Harold Ickes, Governor Ed Rendell (PA) Howard Wolfson, and other names you all are familiar with. The charges in the suit: illegal solicitation and laundering of excess federal campaign contributions for hillary's senate campaign. Case BC304174, California Superior Court, still in progress
Posted by: tony.s | March 26, 2008 7:36 PM
sorry, everyone for my earlier comments--this (today's Michigan ruling) is not the same lawsuit that I was talking about. (although my general sentiments and opinion remain the same) but it had nothing to do with today's ruling, which merely had to do with the state's releasing names and party preferences to the Dem and Repl parties.
Posted by: tony.s | March 26, 2008 8:02 PM
But they are strong words from a federal judge (and an independent authority) regarding the state's behavior this primary season.
Let the partisans on the right keep on telling you how this is bad for Dean. They realy don't care about your vote...just want to tell you (wrongly) who to blame.
Posted by: bill r. | March 26, 2008 8:45 PM
I've said it before: There is NO way that a "fair" revote can take place. Obamacins (and any other SMART voter)in MI would've voted in the Republican Primary, as their vote would've counted for something, and at the time, there was a dozen bad candidates to weed out. So, to change the rules now, these people would, on paper, be considered to be Republican and not allowed to revote in a stupid Democratic Revote fiasco. This fact would rule out many of the moderates, and Republican Cross overs that almost always vote for Obama. Get over it HRC fans. Maybe you all can cry in unison and get more attention paid to your plight.
Posted by: Xcellentform | March 26, 2008 11:49 PM
Unfortunately, Both Florida and Michigan broke the rules, bad for both candidates. This was really Hillary's only hope, and as a level headed Hillary supporter and Democrat, its time to get behind the frontrunner.
Posted by: latinovoter1 | March 27, 2008 12:35 AM
Once again, Gov. Dean has been proved correct. As my wife has told our son, 'poor decisions have consequences'.
Neither Michigan nor Florida followed the rules.
It's time for the Dem party leaders to put Clinton out of our misery. Make an announcement that it is impossible for her to win the nomination and she should withdraw. Time to end the rule of the Clintonistas.
Posted by: weinerdog43 | March 27, 2008 7:50 AM
It's to bad that the judge did not consider the thousands of people that exercise their constitutional right to vote and be counted.
Its further to bad that Obama would not let a new election go foward.Is this America or what?
Posted by: Arthur Villarreal | March 27, 2008 1:58 PM
It's to bad that the judge did not consider the thousands of people that exercise their constitutional right to vote and be counted.
Its further to bad that Obama would not let a new election go foward.Is this America or what?
Posted by: Arthur Villarreal | March 27, 2008 2:26 PM
This is not right. All Democrats deserve to vote. MI and FL need to be respected as Americans. I do not understand why Obama has not fought harder for the people of America if he is such a uniter.
Millions of Americans came out to vote! It's the people that matter!
Also, I think it is highly disrespectful for Obama's superdelegate supporters to try to call the race over now, and it shows that they do NOT care about the remaining states that are as much a part of this country as the ones that already had their primaries. Shame on Obama and the DNC.
Posted by: Katherine | March 31, 2008 7:07 AM