On January 30, the 11th circuit ruled that the lawsuit DiMaio v Democratic National Committee, no. 08-13241, is moot. Victor DiMaio had sued the party over its 2008 convention rule that forbids presidential primaries earlier than February, with an exception for New Hampshire and South Carolina. The decision says that the Democratic National Committee hasn’t passed its rules for the 2012 primaries yet. The decision says that since the party presumably will do this in 2011, there will be time to re-litigate this in 2011 and 2012.

The other pending case over the timing of the Florida primaries is directed against the state, not against the Democratic Party. Since the Florida election law continues to say that presidential primaries are in January, presumably this other case is not in danger of being dismissed for mootness. That case is Ausman v Browning, still pending in U.S. District Court in Tallahassee.