DiMaio v. Democratic Nat’l Comm., 11 Cir. Mar. 21, 2008
07-14816 DiMaio v. Democratic Nat’l Comm.
Before TJOFLAT and MARCUS, Circuit Judges, and VINSON,1 District Judge.
PER CURIAM: This appeal raises a number of interesting and potentially significant questions concerning the impact of the Equal Protection Clause on an individual’s right to vote in a primary election, the extent of the Fourteenth Amendment’s state action requirement, and the associational interests of national political parties. However, because the plaintiff Victor DiMaio undeniably lacks standing to bring this suit, we affirm the district court’s determination that this case is nonjusticiable, construe the district court’s dismissal of the case to be without prejudice and, therefore, dismiss the appeal without prejudice for lack of subject matter jurisdiction. … DiMaio v. Democratic Nat’l Comm.
- Honorable C. Roger Vinson, United States District Judge for the Northern District of Florida, sitting by designation. [↩]
