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Nevada: Court Rules Strip Caucuses Can Proceed

By Jeralyn

Update: The Judge threw out the teachers' union lawsuit. Strip caucus voting will proceed. From the court docket available on PACER:

MINUTES OF PROCEEDINGS - Preliminary/Permanent Injunction Hearing held on 1/17/2008 before Judge James C. Mahan. ...Time of Hearing: 9:00 am.; Courtroom: 6A; Representations of counsel are heard. The court made its findings.denying 6 Motion for TRO.; granting 10 Motion to Intervene. Submission of Proposed Order obo defendants due by 1/24/2008. (Copies have been distributed pursuant to the NEF - DXO) (Entered: 01/17/2008)

The Las Vegas Review Journal reports:

U.S. District Judge James Mahan has ruled against the attempt by the teachers union to block at-large precincts on the Strip. Mahan said he did not want to set a precedent that could affect other caucuses across the country and that the Democratic Party had the right to set its own rules.

The Las Vegas Sun says no appeal is likely.

[More...]

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Nevada: Court Ruling Expected Today in Casino Voting Lawsuit

Nevada watchers predict a ruling today in the lawsuit filed by the Nevada teachers union against the state democratic party regarding the creation of at-large caucuses in the Las Vegas Strip hotels. (Background here.)

Whatever the merits of the suit's substantive claims, timing may be what kills it:

The state party and the national committee are fighting the lawsuit on several grounds, including the last-minute nature of the challenge. “By sitting on their hands until a few days before the caucus ... plaintiffs have forfeited any claim,” the response said, citing a doctrine that bars abusive 11th-hour challenges. The response also notes that four of the plaintiffs voted in favor of the plan to create the at-large sites. The lawsuit was filed by five Democrats and the Nevada State Education Association, the teachers union.

Documents: The teachers union lawsuit; the DNC's motion to intervene; and the state party's delegate-at-large plan. (See below for more I just uploaded from the court's website.)

Other tidbits: The Las Vegas Sun favors the lawsuit. The Las Vegas Review Journal has endorsed Barack Obama for the Democratic nomination.[More...]

The Sun says:

As we see it, the caucuses were moved up so that all labor organizations and minorities in the state could get a bigger say, not just the Culinary Union.

I'd like to see some numbers regarding the number of workers who aren't being afforded an at-large caucus to vote at during work hours. The rule that they are only being created at work sites with more than 4,000 shift workers on duty at the time of the caucus strikes me as a bit exclusionary to non-hotel workers such as teachers, emergency workers, plumbers, electricians, etc. The caucuses are on Saturday morning at 11:30 a.m.

Again, I'm not taking sides in this -- it's not my area of expertise -- I'm just trying to interpret the pleadings.

Update: More documents (note, they may open only in adobe pdf, not other pdf programs.)

• The State Party response
• The DNC Response (not the motion to intervene, which is above)
• The Teachers Union reply
• The proposed order sought by the Teachers Union

Full post as published by TalkLeft on January 17, 2008 (boomark / email).