The 2008 controversy over Florida’s January date for presidential primaries is still active in two distinct federal constitutional lawsuits.

Ausman v Browning attacks the Florida state law, setting the primary at a date that violates national Democratic Party rules. The lawsuit argues that the state is depriving both Democrats and Republicans from having a voice in their own party’s national conventions, by setting the primary date so early. It is pending in U.S. District Court in Tallahassee (Ausman v Browning, 4:07-cv-519). It had a status conference on December 19, 2008.

Another case, DiMaio v Democratic National Committee, has a hearing on January 8 in the 11th circuit. This case attacks the Democratic Party’s national rule, saying that South Carolina and New Hampshire are permitted to have presidential primaries that count, in January; whereas other states may not. Because the Democratic Party has already said publicly that South Carolina was permitted to have an early presidential primary because the party wanted a state with a large African American population to go second (after New Hampshire), the lawsuit argues that the party’s rules are being determined by racial considerations, and that parties may not do this. The case depends on decision from the U.S. Supreme Court from the 1940’s that outlawed party rules that discriminated against African Americans. See this article about the DiMaio case. Thanks to Ed Still for the link.