According to USA-Today, Philadelphia Mayor Michael Nutter suggested that David Plouffe should be fired for writing this memo. What makes it such a firing offense? It downplays the importance of Pennsylvania's April 22 primary. Here's the obscenity from the memo: Now that Mississippi is behind us, we move on to the next ten contests. The Clinton campaign would like to focus your attention only on Pennsylvania -- a state in which they have already declared that they are "unbeatable." But... Read Full Story

By now you're already aware, Rush limbaugh has been encouraging conservatives to crossover for the primaries and vote for Hillary Clinton. He's been beating the drum since Obama's victory in Wisconsin. On March 4 (Clinton's supposed "comeback" day), Bill Clinton even appeared on Rush Limbaugh's show. That "Pimp Yourself" banner is from Rush Limbaugh's website. Here's the philosophy in Limbaugh's words: "We need Barack Obama bloodied up politically . . . I'm asking people to cross over and... Read Full Story

What a rough week for politics. For me the nervousness set in well before Tuesday. The polls still looked good for Obama, but the press coverage sucked. Clinton huffed and puffed that Obama hasn't explained his relationship to Tony Rezko, that he lied about his advisor speaking to the Canadian embassy about NAFTA, and that he hasn't convened his subcommittee to hold hearings on Afghanistan. She called him naive, she called him inexperienced, and she ran the ridiculous 3 a.m. red-phone... Read Full Story

Another moment from Wit of Mandamus IV. We got up on stage shortly after a video of Professor Nockleby in which he apologized for not being able to make the show this year and did something involving a rubber chicken. As it happened, he was in fact able to make the show after all, but determined to avoid this awkwardness, he showed up in disguise. This seemed important to point this out to the crowd. After that, I poke fun at his expense. The audio is a little hard to hear, so here's the... Read Full Story

More shameless self-promotion! An article I co-wrote (along with Benjamin Shatz) is featured as the cover story of the March Issue of the California Labor and Employment Law Review. It's subscription-based, so I can't republish the whole article here, but apparently they'll send you a full free issue if you request it from the California State Bar (details here). Here's the opening: It seems like hardly a day passes without a California court issuing a decision involving the state’s anti... Read Full Story

Last night, I visited my alma mater, Loyola Law School, to participate in the school's annual variety show, Wit of Mandamus. Here's a video clip of me accompanying the very talented, Sri Panchalam, on the Frank Loesser tune, "Baby, It's Cold Outside." (I'll post more clips of the show as soon as someone emails them to me.) Read Full Story

Recently I ran a piece debunking several statements made by Congressman Jack Kingston about Barrack Obama. One of the responses came from a certain Bill Gillespie (pictured here business-casual), a recently retired Lieutenant Colonel who is apparently campaigning to replace Kingston as representative of Georgia's first district. Here's what he had to say: My name is Bill Gillespie, and I'm Kingston's Congressional election opponent this year. Here Jack goes again, seeking the spotlight and... Read Full Story

Background: This entry began as a comment to Democrats, don't get too excited about today's NY Times, but grew to the point that it warranted its own blog entry. Thank you Sam, for the following question... Q: "Is this standing stuff all just made up by nine guys who do whatever they want?"Start with the principle the federal government was intended to be a government of limited powers. There were States to consider. And all the powers that weren't going to be given to this new federal... Read Full Story

Today, the New York Times ran an article addressing the possibility that a McCain presidency would be unconstitutional because he is not "natural born." (He was born in the Panama Canal Zone.) It's not the first such story--the same issue came up during McCain's 2004 and 2000 candidacies. And, as the NY Times points out, candidates (like George Romney in 1968) have faced this before, but because they never won the election, the issue was never tested before a court. Although the New York... Read Full Story

Some say there isn't much ideological difference between Clinton and Obama. To these naysayers I say have a look at the fundamental ideological split in their respective approach to the words "denounce" and "reject." (Oh, and stop saying nay. Go with "no," it's much more modern.) Obama "denounced" the antisemitic views that Farrakhan had expressed in the past, but concluded, "I can't say to somebody that he can't say that he thinks I'm a good guy." (Real quote.) Clinton disagreed, arguing... Read Full Story