Friday, July 15, 2016

Ex-Sidley Austin Atty Moves To Block Dem Superdelegates> Motion denied

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
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

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