''State Democrats have a First Amendment right to association, to assemble and to set their own rules,'' Mahan said.
Nevada's Democratic Party approved creation of the precincts to make it easier for housekeepers, waitresses and bellhops to caucus during the day near work rather than have to do so in their neighborhoods.
The state teachers union, which has ties to Clinton, brought the lawsuit against the special precincts after local 226 of the Culinary Workers Union endorsed Obama for the Democratic nomination. The union is the largest in Nevada, with 60,000 members. The Clinton campaign said it was not involved in the suit.
The suit contended party rules allowing the precincts gave too much power to the casino workers and violated federal equal protection guarantees.
But the judge said, ''We aren't voting here, we're caucusing. That's something that parties decide.''
He said it is ''up to the national party and the state party to promulgate these rules and enforce them.''
Of course, it was the teachers' union that took this legal action in an effort to disenfranchise voters who differ with them over the Democratic Party's presidential nomination. After the contempt shown by unions for democratic institutions during last year's fight over the Employee Free Choice Act, this type of thing shouldn't surprise many. Still, in this election season, it provides yet another dramatic political subplot. Just look how former President Clinton who had "nothing to do with" this lawsuit other than "reading about it in the paper" reacts when questioned by a local reporter.
Doth he protest much?
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