Two reasons to vote for McCain. Both have comedic implications.

1. Many people out there are more than willing to label any criticism of Obama as racist. This has implications not only for the current campaign, but also for talk shows and comedians across the country. Can you imagine 4 (or 8) years of not being able to criticize, mock, or satire the President for fear of being branded a racist and losing your job? A few weeks back I was watching the Daily Show, and Stewart had a joke on Obama. A good joke. After he delivered it the crowd was silent. He looked at the audience and said "You're allowed to laugh at him." The sad thing is that is seems too many people either won't or are afraid to. I personally don't want a President that can't be mocked every night on TV.

2. Can you imagine the comedy of watching Obama's die-hard supporters if he loses? Four years ago liberals were threatening to leave the country if Kerry lost, and most of them didn't even like him. Before the nomination was clinched, many were threatening to march on Denver if he didn't get the nomination. For all those people who faint in his presence and believe he will create world peace his first full day on job, watching how they handle defeat (my guess: not well) would be comedy gold.

It would be a shame to have to kill you now, because then you wouldn't be able to listen to the like totally awesome Stuck in the '80s podcast episode honoring the Red Scare Movies of the 1980s! Naturally, I was blown away (pictured) by the discussion of Spies Like Us, but also had a lot of fun hearing the gang's reminiscing about the volleyball scene in Top Gun. And I know Sebastian will be pleased to hear that they probably talk about Red Dawn more than any other movie. Anyway, it was a very enjoyable show, and as good an intro as any for the uninitiated. Via the link above, you can listen to this episode or subscribe to the podcast via iTunes.

1. I wrote here recently about the Sirius-XM satellite radio merger. See also here for more background. But way back here, I wrote about another proposed merger, this one between grocery chains Whole Foods and Wild Oats. Basically, I analogized these two specialty stores to the satellite radio companies, and figured that if these two organic stores could merge and not threaten the greater grocery market, the satellite radio outfits could merge and not cause a blip in the larger music entertainment industry. Anyway, in my original post, I noted that a federal judge had refused the Federal Trade Commission's attempt to block the merger. Well, a couple of weeks ago, the D.C. Circuit reversed that judgment, and sent the case back to the district court. The merger isn't totally kaput (in fact, much of it has already happened), but it's an interesting development in light of the recent approval of the radio merger by the DOJ and FCC. Lots of info about the appeals court decision is available via How Appealing here and here.

2. Going even farther back in time, way back here some four-and-a-half years ago, I wrote about lawsuits seeking to apply the Americans with Disabilities Act to stadium-style movie theaters. Very briefly, the issue (which has divided the courts of appeals) is whether the ADA requires theaters to provide only unobstructed sight lines for wheelchair-bound patrons, or if it requires the theaters to provide seats comparable to those higher up in the "stadium." (Go to the linked post for more background; see also this follow-up with more thoughts.)

Again via the indispensable How Appealing, I see that the Ninth Circuit decided a related case, Miller v. California Speedway Corporation. This one involves the ADA's application to racetracks. A NASCAR fan who is confined to a wheelchair wanted to watch the races, but his view was obstructed by the fans who stood up during the exciting parts of the race. He sought an order applying the ADA to the track in such a way as to require a sight-line for him comparable to standing fans. The Ninth Circuit allowed the suit to proceed. (The movie theater cases were cited in the opinion.)

These suits, at bottom, are about accommodations in public places for those in wheelchairs, and could potentially affect lots of venues. But the legal questions turn on the interpretation of the ADA, the Department of Justice's regulations implementing the Act, and its Manual providing guidance for understanding the regulations, along with the deference courts will give to the Executive agency's interpretations. Basically, an Administrative Law orgy. Don't be surprised to see the Supreme Court take this case, if not during the next term then once the district court reaches a final decision.