Lawsuit over Timing of Florida Presidential Primary May Become Class Action

Jon Ausman, the Florida Democratic state official who sued his own state in 2007 over its January presidential primary date, has asked the Court to transform his lawsuit into a class action. The class would be composed of all Democratic and Republican registered voters in Florida. The theory is that they are being injured by Florida’s law requiring presidential primaries to be held in January. Both national committees forbid such early presidential primaries, except for a handful of states. In 2008, for a while it seemed that no Florida Democratic delegates would be seated in Denver, and that the Florida Republican delegation would lose half its strength in St. Paul. In the end the national parties relented, but Ausman argues that the problem will recur in the future. See this story. If Ausman wins this case, the outcome will represent a stunning advance in legal rights for political parties.

Virginia Will Broadcast Meeting of its Presidential Electors

Virginia presidential electors, like all presidential electors, will meet in the State Capitol on Monday, December 15, to choose the president. This year Virginia will broadcast their meeting, and send a tape of the meeting to public schools. Also the meeting will be in a large room, so that some interested members of the public may watch from the gallery. See this story.

Ancient U.S. Supreme Court Opinion Seems to Say Congress May Give D.C. a Voting Representative

In 1820, the U.S. Supreme Court issued Loughborough v Blake, 18 U.S. 317. It seems to suggest that the Court believed Congress is free to provide for a voting member for the District of Columbia in the U.S. House of Representatives.

The case concerned whether Congress could tax residents of the District of Columbia. But it also says this: “Although in theory it might be more congenial to the spirit of our institutions to admit a representative from the District, it may be doubted whether, in fact, its interests would be rendered thereby the more secure.” Thanks to Michael Warnken for this. Here is a link to the opinion.