The Democratic National Committee is asking a federal court to throw out the lawsuit that says it is taking away the voting rights of Florida Democrats by refusing to seat the state's delegates at the 2008 convention.
Florida's early primary on Jan. 29 violates DNC rules that say only four smaller states can vote that early.
The suit was filed by U.S. Sen. Bill Nelson and U.S. Rep. Alcee Hastings. The DNC's response argues that no one is stopping Florida voters from going to the polls on Jan. 29, and it notes that courts have consistently upheld the power of the national parties over their nominating conventions.
Here's the motion for summary judgment: Download nelson_v_dean_dnc_motion_for_summary_judgment_as_filed.txt .