NBC's Mark Murray reports that Florida's 10 congressional Dems "said that they're firmly set to go ahead with their primary on January 29, despite the Democratic National Committee's vow that it will strip all of state party's delegates to the 2008 Democratic National Convention -- unless the Florida Democratic Party acts in the next 30 days to delay its nominating contest (in the form of a caucus)."
"We cannot go along with anything but the state-run primary set for next January," the lawmakers said in the statement. "We strongly encourage all Democrats to vote for their preferred nominee in that primary, regardless of whatever penalties the DNC might enact."
But, in the last paragraph of the statement, the lawmakers did suggest that they're willing to reach some kind of compromise. "We hope that over the next few weeks, the DNC and its chairman will show a willingness to work with us to find an equitable solution that is acceptable to all."
The DNC will not budge.
And if Florida Democrats sue, look for the DNC to cite a 1981 Supreme Court case, Democratic Party of the United States v. Wisconsin ex rel. LaFollette, 450 U.S. 107 , which held that the DNC had no obligation to seat any delegates from Wisconsin that were chosen in a primary that violated DNC rules. Additionally, of course, the constitution states fairly explicitly that political parties, not states, determine the rules by which presidential candidates are nominated. The DNC will further ague, if it has to, that the party is not a "covered juridiction" under Article 5 of the Voting Rights Act and is therefore fairly immune from a voting rights act challenge over the facts of this particular case.