If a lawsuit against the DNC for racism fails, Victor DiMaio will use Rule 11 to go straight to the Supreme court. Now I am not a lawyer, and I know nothing about Rule 11. I did look it up and got a
brief paragraph about it.Rule 11. Certiorari to a United States Court of Appeals before Judgment
A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U. S. C. § 2101(e).
I have no idea if the Supreme Court justices would jump at the chance to hear a case that declares that the DNC is discriminating against white people in Florida. You really just never know anymore.
I do know that Victor DiMaio of Tampa and his lawyer, Michael Steinberg, chairman of the Democrats in that area...have been nothing if not persistent. They had one suit dismissed, appealed, got it heard by an appeals court in Atlanta which dismissed it without prejudice and recommended he file another.
So he did.
Here is the background on the lawsuit.
Activist sues DNC for trying to promote diversity.Picture of Victor DiMaio courtesy of ABC Action NewsSouth 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.
Here is the latest on their journey to hold the DNC accountable for upholding the party rules. Here is a little bit about their appearance before the Tiger Bay Club in Tampa. I talked to someone who was in attendance, and they were not overly impressed at accusing your own party of racism against white people.
DiMaio speaks a Tiger Bay ClubAfter a failed lawsuit in August 2007 against the Democratic National Committee, Attorney Mike Steinberg and political consultant Victor DiMaio filed an appeal to get Florida delegates seated at the DNC convention in August. They spoke today at the Hillsborough Tiger Bay Club in Tampa.
Steinberg says he and DiMaio have filed an amended complaint as part of their appeal.
The Civil Rights Act of 1964 states that no federally funded organization can discriminate based on race. What Steinberg and DiMaio discovered was that Democratic primaries in Nevada and South Carolina were allowed to occur before the window of other primaries because of their racial demographics.
If they lose the appeal, Steinberg has a backup plan to use Rule 11, which would take the case out of circuit courts and move immediately up to the Supreme Court.
I keep wondering if these continued lawsuits bother the Democrats in Hillsborough County, having their own county chairman so involved in suing their own party time after time.
One thing this is doing is costing the DNC money, but that is what Florida has done all along....tried to crash the DNC fundraising. This is just one more way to do it.
I would love to know more about Rule 11, just how serious something must be to qualify. This primary has been full of surprising turns...so I would not be shocked if they took the case even though there is precedent from 1981 in favor of the DNC. This is turning the enforcement of the party rules into a situation to divide by race in a year in a year when an African American candidate is leading.
Something tragic about that.