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Clinton v. Obama: The Lawsuit (Will Florida Supreme Court decide who is the Dem Nominee?)
WSJ ^ | 2/11 | Ted Olson

Posted on 02/11/2008 12:21:44 AM PST by bshomoic

. . .

Imagine that as the convention approaches, Sen. Clinton is leading in the popular vote, but Sen. Obama has the delegate lead. Surely no one familiar with her history would doubt that her take-no-prisoners campaign team would do whatever it took to capture the nomination, including all manner of challenges to Obama delegates and tidal waves of litigation. [Barack Obama]

Indeed, it has already been reported that Sen. Clinton will demand that the convention seat delegates from Michigan and Florida, two states whose delegates have been disqualified by the party for holding January primaries in defiance of party rules. The candidates agreed not to campaign in those states. But Sen. Clinton opted to keep her name on the Michigan primary ballot, and staged a primary-day victory visit to Florida, winning both of those unsanctioned primaries. Her campaign is arguing that the delegates she won in each state be recognized despite party rules and notwithstanding her commitment not to compete in those primaries. Of course. "Count every vote."

As the convention nears, with Sen. Clinton trailing slightly in the delegate count, the next step might well be a suit in the Florida courts challenging her party's refusal to seat Florida's delegation at the convention. And the Florida courts, as they did twice in 2000, might find some ostensible legal basis for overturning the pre-election rules and order the party to recognize the Clinton Florida delegates. That might tip the balance to Sen. Clinton.

. . .

(Excerpt) Read more at online.wsj.com ...


TOPICS: Editorial; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: bo; clinton; cutitaway; democrat; democrats; dncvalues; hillary; liberalagenda; obama; sawitoff
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To: bshomoic

If Hillary tries this, it will tear apart the Democrat Party for a long time to come.

At some point in the future, if Democrats can successfully pander to enough Hispanic voters and if Hispanic voters come out in large numbers, Democrats may be able to alienate black voters. But that time has not come yet.

In order for a Democrat to successfully run for state or national office, he/she needs an strong turnout and a large majority of black votes in some of the key battleground states.


21 posted on 02/11/2008 6:21:34 AM PST by randita (Do not trust any polls!)
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To: familyop

The Clintons will be the nominee. I hope for it and I am sure of it. Look to Vince Foster and others. The Clintons will not let a little thing like losing the delegate count stop them. They have never let laws or lives stop them before.


22 posted on 02/11/2008 6:32:27 AM PST by arthurus
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To: bshomoic
Here we go again with all the jokes about Flori-DUH. If Senator Clinton tries this the Democratic National Committee will turn on her in almost no time flat. I can just see Lefty sites like Daily Kos and Huffington Post come to the realization how sleazy the Clintons are.
23 posted on 02/11/2008 7:01:46 AM PST by RayChuang88
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To: bshomoic

Remind me, which party is it that is always complaining about voter disenfranchisement?


24 posted on 02/11/2008 7:07:32 AM PST by Fresh Wind (Scrape the bottom, vote for Rodham!)
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To: familyop

“Clinton is no longer nearly as popular with Democrats as Obama.”

I hope she tries to seat these delegates. This will cause the biggest convention uproar since Daley and Ribicoff.


25 posted on 02/11/2008 7:19:06 AM PST by shaft29
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To: bshomoic
Another lawsuit (June) looms for the Hildabeast.

Paul vrs Clinton

26 posted on 02/11/2008 7:26:00 AM PST by TruthWillWin
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To: shaft29

My 2 cents worth.....should Obama get the nom the Clintons will destroy him and should he get to be prez we could see a ground swell similar to 94 because of his policies. The Clintons cann claim their place as champs of the RATS. Conservatives can recover.

On the other hand if Butch Clinton gets in there......we may never recover...the machine will go after EVERYONE!

Folks need to take a long look at what’s happenning. McCain will lose....then what?(forget the huckster)


27 posted on 02/11/2008 7:27:32 AM PST by rrrod
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To: Moral Hazard
“Maybe, but with Jeb Bush having appointed a couple of the Florida Supreme Court justices there would at least be a dissent pointing out how ridiculous the court looks this time.”

Don’t overlook who the author of this piece is. One could say he is the definitive authority on this issue.

28 posted on 02/11/2008 7:45:05 AM PST by billhilly (I was republican when republican wasn't cool. (With an apology to Barbara Mandrell.))
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To: billhilly
“Maybe, but with Jeb Bush having appointed a couple of the Florida Supreme Court justices there would at least be a dissent pointing out how ridiculous the court looks this time.”
Don’t overlook who the author of this piece is. One could say he is the definitive authority on this issue.
The DNC, like the RNC, is a private organization like the Odd Fellows or, in this case, the Liar's Club. That is why the two parties fought, and won, in court when the State of California presumed to pass a law requiring open primaries in that state. The constitutional right of free association does not permit the state to decide what a club's rules are.

Consequently SCOTUS could, and IMHO would, overturn the SCoFLaws if they tried to change the rules of the national Democratic Party without any need to reference Bush v. Gore. Probably unanimously.

So I guess I think that Mr. Olson is being archly self-referential rather than publishing an sincere legal opinion.


29 posted on 02/11/2008 10:00:02 AM PST by conservatism_IS_compassion (The Democratic Party is only a front for the political establishment in America - Big Journalism.)
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To: billhilly

“Don’t overlook who the author of this piece is. One could say he is the definitive authority on this issue.”

Yeas, and I did recommend him for vice-president in a couple other threads so I do have a lot of respect for him.


30 posted on 02/11/2008 11:19:45 AM PST by Moral Hazard (This election mess is Iowa's fault. From 2012 on make them vote last (or not at all).)
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To: billhilly

“Don’t overlook who the author of this piece is. One could say he is the definitive authority on this issue.”

Yes, and I did recommend him for vice-president in a couple other threads so I do have a lot of respect for him.


31 posted on 02/11/2008 11:20:06 AM PST by Moral Hazard (This election mess is Iowa's fault. From 2012 on make them vote last (or not at all).)
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To: billhilly
Don’t overlook who the author of this piece is. One could say he is the definitive authority on this issue.

Ditto bump! Great article from a late FReeper's husband

Barbara K. Olson, AA flight 77, 9/11/2001 We will never forget, Barbara.

http://www.freerepublic.com/focus/f-news/520807/posts

32 posted on 02/11/2008 2:22:19 PM PST by txroadkill (Liberals believe that the only oppressed people in Cuba are the terrorist in GitMo)
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To: familyop
I think you’re way off base regarding Susan B. Anthony. She was an abolitionist and a great Republican. Something of a rift developed between her and supporters of black rights in 1869 as many folks abandoned the combined black&woman’s suffrage movement to focus entirely on black suffrage and the 15th amendment. She had campaigned for both causes and I believe felt angry at the way efforts for women’s rights temporarily dried up as friends left it to focus on black issues. She was the very opposite of a racist.
33 posted on 02/11/2008 3:22:09 PM PST by EKrusling
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