[Ed. note: This post was originally published at 11:14 a.m. We've altered the time stamp to place it at the top of the page, since it's clearly what everyone wants to talk about. We will eventually return this post to its original place.]

According to the New York Times, John McCain has tapped Alaska Governor Sarah Palin as his running mate.

Appeal to disaffected Clinton voters? Trying to lock up the Mike Gravel fan base?

Update: Although Governor Palin is not a lawyer, there have already been several legal issues mentioned with regard to her candidacy. Just last month, her own state legislature opened an investigation into allegations that she tried to get her ex-brother-in-law fired from his state trooper job

Law professor Ann Althouse has already gone on record with a furry opinion about Palin's credentials.

Without a professional legal background to pontificate on (compare Joe Biden), we here at ATL will continue to scour our sources to bring you the latest on Palin's positions about the things that matter to lawyers, big and small. Anyone know her views on SCOTUS nominations?

McCain Chooses Palin as Running Mate [New York Times]
Alaska's Palin Faces Probe [Wall Street Journal]

In September 2004, we had the pleasure of shooting craps with Senator John McCain, now the presumptive Republican presidential nominee. Senator McCain was in Las Vegas to attend the Oscar De La Hoya-Bernard Hopkins boxing match. We were in town to, well, do what people do in Vegas -- including, but not limited to, gambling.

We were impressed by Senator McCain's stamina. It was well past midnight, he was on his feet for several hours (no sitting allowed at the craps table), and he was still going strong. We were also impressed by his large stack of chips. He wasn't the luckiest roller; when it was his turn to shoot, he "sevened out" after about three rolls of the dice. But the table was generally hot, so he did well betting on other players.

Senator McCain was accompanied by his lovely and statuesque wife, Cindy McCain. Every now and then, people would come over to greet the McCains. In a testament to his focus, the senator never lost track of what was happening on the table. If he can chat with well-wishers while simultaneously monitoring craps-table action, surely he can handle the economy AND Iraq.

In light of Senator McCain's fondness for gambling, we weren't completely surprised by this issue, raised by Paul Caron over at TaxProf Blog:

I previously blogged the release of John McCain's 2006 and 2007 tax returns. The Daily Kos asks why McCain has not reported any gambling gains on Line 21, or gambling losses on Line 28, Schedule A, of his Form 1040, given widespread press reports that he is a frequent gambler at casinos who wagers thousands of dollars per trip. If the press reports are accurate, it is hard to imagine that McCain would not have won at least $600 on some occasions and received a Form W-G....

We reached out to the McCain campaign for comment. From spokesman Tucker Bounds [FN1]:

John McCain has had little occasion to try his luck at gaming in 2006 and 2007, as he was otherwise occupied during that time -- and had no winning sessions. As a result, Senator McCain had no taxable income when he did.

But don't shed tears for the senator. Considering his wife's vast -- and growing -- fortune, we're sure he can handle some losses at the gaming tables.

As for Senator McCain, we wish him better luck at the craps table in the future. Hopefully he won't end up like yesterday's LOTD, Joseph Levine.

[FN1] As noted by Politico, Tucker Bounds is the younger brother of our law school classmate and co-clerk, newly appointed White House staffer Ryan Bounds (whose recent wedding we covered here).

Update / Correction: The friend who was with us at the craps table that night has a contrary recollection about the presence of Mrs. McCain:

Although Mrs. McCain accompanied John McCain on the Vegas trip (I met her earlier that day in the hotel lobby), she was not at the craps table with him. I remember distinctly that he was there with two women who were younger and much less attractive. (I also believe at least one of them had a feather boa around her neck, something, I am quite confident, Mrs. McCain would never wear.)

Why Hasn't McCain Reported His Gambling Gains and Losses on His Tax Returns? [TaxProf Blog]

John McCain doesn't have the interesting gender or diversity points that Hillary Clinton and Barack Obama have, but he does have some immigrant cred. He was not born in one of the United States of America, and there are "at least three pending cases... challenging McCain's right to be sworn in as president."

The Senate is willing to consider him a "natural born citizen" -- but the senators' opinion doesn't really matter. From the Washington Post:

The Senate has unanimously declared John McCain a natural-born citizen, eligible to be president of the United States.

That is the good news for the presumptive Republican nominee, who was born nearly 72 years ago in a military hospital in the Panama Canal Zone, then under U.S. jurisdiction. The bad news is that the nonbinding Senate resolution passed Wednesday night is simply an opinion that has little bearing on an arcane constitutional debate that has preoccupied legal scholars for many weeks.

That's right. This decision may not be up to some lawyers turned politicians. It may go to the legal big boys. SCOTUS, baby.

Sarah H. Duggin, an associate law professor at Catholic University who has studied the "natural born" issue in detail, said the question is "not so simple." While she said McCain would probably prevail in a determined legal challenge to his eligibility to be president, she added that the matter can be fully resolved only by a constitutional amendment or a Supreme Court decision.

This is not the first time this debate has made news. Back in February, we reported on articles in the New York Times and WSJ Law Blog.

We conducted a poll then asking whether you agreed with the statement, "John McCain is a 'natural-born citizen' entitled to serve as president." Since we're certain that all ATL readers are highly-educated legal scholars and thorough researchers, the 65 percent of you who agreed with the statement must be right. We'll let SCOTUS know stat.

McCain's Birth Abroad Stirs Legal Debate [Washington Post]

Earlier: John McCain: A 'Natural-Born Citizen'?

The Democratic National Committee filed a lawsuit today against the Federal Election Commission. They want a federal judge to launch an investigation into Senator John McCain's campaign spending.

The DNC had filed a complaint with the FEC in February, but it has not been acted on yet. Maybe because the FEC is down to just two commissioners, instead of the full six, due to the President and the Democratic Senate not being able to play nice and agree on new nominees. From the New York Times:

A lawsuit against the Federal Election Commission, to be filed Monday in U.S. District Court, questions the agency's ability to enforce the law and review McCain's decision to opt out of the system. The Republican presidential candidate, who had been entitled to $5.8 million in federal funds for the primary campaign, decided earlier this year to give up that money so he could avoid strict spending limits between now and the GOP's national convention in September.

During a conference call with reporters Sunday, DNC officials said the FEC is unable to act because four of its six seats are vacant. They want a judge to either order the FEC to begin an immediate review, or allow the Democratic Party to file a lawsuit against McCain's campaign challenging his decision.

The Republican Committee calls the suit nonsense, of course. The RNC spokesman says that the "trial-lawyer Democrats' idea of campaigning for president is to hire lawyers and file frivolous lawsuits." Why you gotta hate on trial lawyers, RNC?

Talking Points Memo goes into the history of McCain's election spending here:

It is a serious issue. As the [Washington] Post reports, "Knowingly violating the spending limit is a criminal offense that could put McCain at risk of stiff fines and up to five years in prison."

The fun of the general election begins. Which lucky federal judge will get stuck with this case?

Democrats: McCain Financing Questionable [New York Times via Daily Kos]
McCain's FEC Problem [Talking Points Memo]

* Linda Greenhouse to $300K! [New York Observer via ABA Journal]

* Duties of a law school dean: attend parties, appear at conferences, talk to alums. And don't forget the herding of cats -- aka law professors. [TJ's Double Play]

* Even law review editors screw up sometimes. "Constructive acceptance"? [Concurring Opinions]

* Who'd have thunk it? Sometimes blogging can help people. And stuff. [Legal Blog Watch]

* Ethan Leib dresses up as a giant chicken to teach Contracts, thereby guaranteeing ABA accreditation. [PrawfsBlawg]

* Orin Kerr points out online interviews "with eight of the nine current Supreme Court Justices (all but Souter) about legal writing, advocacy, and the process of deciding cases and writing opinions." [Volokh Conspiracy]

* Ann Althouse on John McCain and being a "natural-born citizen." [Althouse]

* Hillary to Russert: You can't handle the truth! About my tax returns. [TaxProf Blog]

Although many believe he was carried down to earth by a choir of angels, the taxalicious Barack Obama was actually born in Hawaii. So he doesn't face the same sticky question about presidential eligibility that John McCain confronts. From the New York Times:

The question has nagged at the parents of Americans born outside the continental United States for generations: Dare their children aspire to grow up and become president? In the case of Senator John McCain of Arizona, the issue is becoming more than a matter of parental daydreaming.

Mr. McCain’s likely nomination as the Republican candidate for president and the happenstance of his birth in the Panama Canal Zone in 1936 are reviving a musty debate that has surfaced periodically since the founders first set quill to parchment and declared that only a “natural-born citizen” can hold the nation’s highest office.

To address the question, the McCain camp hired the best legal talent money can buy:

But given mounting interest, the campaign recently asked Theodore B. Olson, a former solicitor general now advising Mr. McCain, to prepare a detailed legal analysis. “I don’t have much doubt about it,” said Mr. Olson, who added, though, that he still needed to finish his research.

So, what do you think? Take our reader poll. We realize you probably haven't researched the issue. But not having completed his research -- i.e., "my recent SCOTUS-clerk associate is still surfing Westlaw" -- didn't stop Ted Olson from having an opinion.

One ATL tipster had this quick take: "SCOTUS seems kinda gray, but going by the Insular Cases...it ain't lookin' good. Maybe an open thread for people to comment and discuss?"

McCain’s Canal Zone Birth Prompts Queries About Whether That Rules Him Out [New York Times]
Does John McCain Have a Birthplace Problem? [WSJ Law Blog]