Florida Democrats drop idea of primary redo

The Democrat-led House is scheduled to leave for a two-week vacation Thursday, so any bills to set up the do-over primary need to be brought up quickly. The measure also would have to be approved by the Republican-controlled state Senate. To be given immediate effect, the measure would require a two-thirds vote in both the House and Senate.

To go forward, any plan also would require the approval of the two campaigns, the Democratic National Committee, state party leaders and Gov. Jennifer Granholm, who is backing Clinton.

The contest must be held by June 10 for the results to count under DNC rules.

The draft measure would set up the a fund within the state Treasury to receive up to $12 million in cash and other assets from private donors to cover the cost of the election.

Judges hear case
On Monday in Atlanta, federal appeals judges skeptically questioned a lawyer who argued that the national party’s decision to strip Florida of its 210 convention delegates was unconstitutional.

Michael Steinberg, a lawyer for Victor DiMaio, a Democratic Party activist from Tampa, said Florida’s Democratic voters are being disenfranchised by not being permitted to have their say in the selection of their party’s nominee. The action violates DiMaio’s constitutional right to equal protection, he argued.

“The citizens of the state of Florida are not being treated equally,” Steinberg told the judges.

But Joe Sandler, a lawyer for the Democratic National Committee, said the party has the right to set its own the rules and not seat delegates who refuse to follow them.

“It goes to the heart of the constitutional right of the DNC to determine the best means of selecting delegates to the convention,” Sandler said.

Sounding skeptical of Steinberg’s equal protection argument, the judges noted in their questions that states select their presidential picks in different ways — some use caucuses and others primaries — and on different days. Judge Stanley Marcus suggested at one point that the only way to treat all the states equally, under Steinberg’s theory, was for them to all hold their primaries on the same day.

Not so, Steinberg said. He said one solution might be to rotate the states so that each gets a shot at being in the first round.

There was no indication when the court would rule.

More from msnbc.com NBC/WSJ Poll: McCain halves Obama's lead High energy costs cut both ways in Colorado World Blog: Chinese cuisine that goes beyond noodles and woks Images: Tears, cheers, and Phelps chows down First Read: Biden throws cold water on VP chances

MORE FROM DECISION '08

Decision '08 Section Front

NYT: Rural slice of Penn. tests Obama Buzz over Biden for VP crystalizes concerns Joe Biden seen as a 'sheer force of personality' Walter: Obama struggles to close the deal Secret Service's job: secure political conventions Keynote address gives Warner his chance Newsweek: Why Obama needs a convention bump Dem's convention to highlight 'real people' Will GOP keep young Paul, Huckabee backers? Illinois to pursue release of Obama records Decision '08 Section Front   Add Decision '08 headlines to your news reader: