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United States Eleventh Circuit


DiMaio v. Democratic Nat'l Comm., 0813241

In a complaint alleging that the Democratic National Committee violated the Fourteenth Amendment by ruling, prior to the 2008 presidential primaries, that all but four states were prohibited from holding their primaries before February 5, 2008 and that Florida's delegates would not be seated at its convention because it violated that rule, summary judgment in favor of DNC is vacated where: 1) even in the unlikely event that DNC adopted a similar rule for its 2012 National Convention, a timely filed challenge to it would not evade review;and 2) no exception to the mootness doctrine applied. The case is remanded with instruction to dimiss the case as moot.

Appellate Information

  • Decided 01/30/2009
  • Published 01/30/2009

Judges

Court

  • United States Eleventh Circuit

Counsel

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