Michigan's January 15 Primary declared unconstitutional

[Adelante]

This lawsuit was brought by the Green and Libertarian Parties, and others, over access to voting rolls, not about the broken DNC rules, but if I'm getting it right, it effectively finishes any claim Clinton may think she has to the 1/15 primary results.

A federal judge in Detroit has ruled that Michigan's 2007 law setting up a Jan. 15 presidential primary is unconstitutional because it unfairly prevents minor parties from having access to lists of voters after the fact.

-snip

Judge Nancy Edmonds's ruling DOES NOT order a new primary. She writes that the "the court agrees the issue of severability is beyond the scope of the claims." In other words: the parties themselves ought to figure out whether they need new primaries or not.

-snip

I see this is as a small political victory for Clinton and a larger one for Obama; the ruling today means nothing more than a chance for her to make the case again for a re-vote, as campaign manager Maggie Williams does in an e-mail to reporters:

"In the wake of today's court ruling regarding Michigan’s January 15th primary, we urge Senator Obama to join our call for a party-run primary and demonstrate his commitment to counting Michigan's votes."

An Obama aide said the ruling speaks for itself. They avoided the worst: where the Clinton campaign had hoped that the judge would order a revote as the remedy, she simply ordered the state party to share its lists. Since the legislature is no longer in session, the notion of a re-vote is moot at this point, anyway.

http://marcambinder.theatlantic.com/archives/2008/03/michigan_primary_law_what_the.php


Here is a Pdf of the ruling:

http://marcambinder.theatlantic.com/greenparty_v_land.pdf

[DearAbby]

1. K&R this important development......n/t

[tritsofme]

2. The ruling has no impact on the actual results of the primary

And changes nothing in regards to the Clinton position.

[fadedrose]

9. Clinton doesn't understand what "unconstitutional" means?

Troubling....

[Cronus Protagonist]

21. mind read much? n/t

[Adelante]

10. I don't think that is realistic

It was already an illegitimate primary, because it took place outside party rules. Now it is an unconstitutional primary. Do you actually think it changes nothing?

[Johnny__Motown]

12. she will try to seat delegates from an unconstitutional primary that also broke party rules?

wow, she IS nuts

[Cronus Protagonist]

22. Project much? n/t

[WillYourVoteBCounted]

25. If Do-Over held, they can't exclude anyone who voted in GOP primary

This was in the comments section of a blog at TPM cafe about this ruling:

If, against the odds, there is an do-over vote in Michigan, the Democrats will not be able to exclude anyone who voted in the GOP primary in January. They had planned to do so.

This is for 2 reasons. First, a person can't be excluded from something because of something that is Constitutionally void. Second, and more practically, if the party are running the primary, they won't even have the January voter lists, so they won't have the knowledge to know whom to exclude.

[Cha]

3. Imagine the dinos and repuke powergrabbers jumping

ahead with their primaries and landing in Constitutional HOT Water!

[Khaotic]

4. I'm sure ...

The Clinton camp will continue to say, "Seat 'Em!"

Delusional and pathetic.

[Tom Rinaldo]

5. She said re-vote

That was the best position. But it wasn't in Obama's self interest.

[Indenturedebtor]

11. This one's for you Tom

[Tom Rinaldo]

16. LOL Thanks, n/t

[Adelante]

13. I think they should be seated

The party should award the delegates, 50-50 to each candidate, in both Michigan and Florida, and be done with it.

[Tom Rinaldo]

17. I might have simply supported that for Michigan before

since not all the candidates were on the ballot there. But after both the DNC and Clinton agreed to a revote plan for Michigan but Obama did not, I no longer do.

[Catherina]

6. There's no consititutional case and Clinton knows it. Rec'd

[Cronus Protagonist]

23. mind read much? n/t

[george_maniakes]

7. why cant the party organize a damn revote already?

how hard can it be?

[msallied]

15. Primaries cost $$$$$

And Michigan doesn't have much. And the DNC needs money for the GE. This is a screw-up that can't be un-did.

[Tom Rinaldo]

19. A pledge for private funding of a primary was made n/t

[WillYourVoteBCounted]

27. now that would reek - an election paid for by one candidates wealthy supporters

it brings a cloud of suspicion with it.

[george_maniakes]

20. All the money the candidates have rasied...

and they cant get enough to have a revote? Everyone whos responsible for this mess should have to pitch in...hell have fundraisers if they have to. But democrats have to start cleaning up the mess.

[msallied]

24. It's not the DNC's screw-up!

Why should they have to pay for it? If anyone pays for it, it SHOULD be the states.

[WillYourVoteBCounted]

26. keep changing the rules?Clinton advisor Ickes voted for the sanctions.

thats what some in Michigan want.

Keep holding new elections over and over till you get the result you want.

[powergirl]

8. The ruling relates to the distribution of voter lists

That part of the primary was unconstitutional. In fact, the ruling makes it EVEN MORE UNLIKELY there will be revotes:

http://www.detnews.com/apps/pbcs.dll/article?AID=/20080326/METRO/803260443/1361


"The only immediate practical effect of the ruling was to bar the Secretary of State's office from sending the list to the parties on Wednesday, the deadline for turning it over under state law.

"Edmunds, the American Civil Liberties Union lawyers who won the case and the state's top election manager all agreed that the ruling had no practical impact on the 2008 presidential campaign. "Nothing I'm going to say or do" affects the results of the Jan. 15 vote, Edmunds said. "That's the political reality."

"But the ruling likely further damages the already small hope that the Democratic Party would honor the Jan. 15 results. It is unlikely that national Democratic officials would relent in their opposition to seating delegates based on a disputed vote that has now been declared flawed under the constitution."

[Johnny__Motown]

14. Caucus....Caucus.... Caucus... it is to late for a primary.. let's have a .. Caucus

Woot


I would love to Caucus for Obama, I told my boss months ago that I was gonna take a day off if we held a do over caucus.

[Yes We Did]

18. I'm bookmarking this for further use. Great Job!!!