Last week, a federal judge heard oral arguments pertaining to the DNC's Motion to Dismiss the class action suit known as Wilding et al. v. DNC Services Corp. and Deborah "Debbie" Wasserman-Schultz. Senior Judge William J. Zloch heard the list of reasons why the Democratic National Committee and the former chairwoman of the Democratic National Committee feel the class action lawsuit should be dismissed. In an oral argument to the senior judge at the U.S. District Court for the Southern District of Florida, the representation for the DNC argued as an opening point that the lawsuit would violate members of the DNC's constitutionally protected right to free association.
The First Amendment affords Americans a number of liberties, including the right to assembly and thereby the implied right to free association. One defense the DNC lawyers are using is that all of the issues the plaintiffs on the class action lawsuit are bringing up are not eligible to be determined by the court. They assert that the allegations made against the DNC are a private matter, and that if the court were to begin to decide whether the DNC acted fraudulently against the plaintiffs in the case, the court would be imposing on a group that was trying to practice its right to free assembly, according to the the transcripts of the hearing.
"I think through each of these questions, your Honor -- and there are more -- they are not justiciable, because they are political questions that courts have repeatedly said they -- that they are not the province of the civil courts. It's not redressable, because if the Court were to seek to answer those questions and impose burdens upon the party, it would violate the First Amendment rights of the party for free association. And so it's not redressable."