UPDATE: Supporters of Senator Bernie Sanders have lost their bid to block the
Democratic Party’s use of superdelegates at this week’s convention in
Philadelphia.
The First Amendment does not give individual members a right to
control internal processes of the party, which is expected to nominate
Hillary Clinton for president, a U.S. district court in Manhattan ruled
recently in a challenge filed by Jeff Kurzon, an attorney and Sanders
supporter.
Kuzon charged in court paper’s that the party’s use of superdelegates
dilutes the power of the popular vote and sought a court order that
would bar them from voting at the convention. The Democratic Party
has 713 superdelegates,
who include members of Congress and party leaders, and who can vote for
the candidate of their choice. Clinton leads Sanders among
superdelegates, 602-48.
“An individual’s First Amendment associational rights do not empower
him to compel nomination procedures that guarantee his preferred
candidate a ‘fair shot’ at winning a party’s nomination,” Judge Paul
Oetken wrote in a ruling dated July 18.
Ex-Sidley Austin Atty Moves To Block Dem Superdelegates
By William Gorta
Law360,
New York (July 14, 2016, 7:01 PM ET) -- A former Sidley Austin LLP
attorney and avowed supporter of Sen. Bernie Sanders asked a New York
federal judge on Thursday to block the Democratic National Committee
from using superdelegates at its upcoming convention in Philadelphia,
saying the Democrats violated his rights by violating their charter.
Jeffrey
Mead Kurzon, now of Kurzon Kohen & Stancati LLP, asked U.S.
District Judge J. Paul Oetken to enjoin the use of superdelegates at the
Philadelphia confab, which starts July 25.
LAW360 Link
http://www.law360.com/articles/817671
 |
| Plaintiff Jeffrey Kurzon attorney Joshua Douglass speaking in Manhattan Federal Court. |
|
From Jeffrey Kurzon website:
As
it turns out, as my lawyer, Josh Douglass( pictured), and I have discovered, the
entire concept of super-delegates is in violation of the Party’s own
charter. That the Democratic Party is even using super-delegates, is a
clear breach of contract. It is also a violation of our constitutional
rights, including the 14th Amendment of Equal Protection (our vote
should hold just as much weight as a super-delegate’s!).
Last
week, I instructed Mr. Douglass to sue both the Democratic National
Committee (DNC) and the New York State Democratic Committee, on my
behalf, over their use of super-delegates. We have requested a
preliminary injunction which would cause the DNC to honor the average
voter’s preference of POTUS nominee by having the super delegate votes
be diminished to being proportional and in keeping with the preference
of the primary voters.
 |
Mark Elias speaking on behalf of the Democratic National Committee
click on the image to see it larger. Artwork by Aggie Kenny |
