Assembly Minority Leader James Tedisco (R,C,I-Schenectady-Saratoga) plans to file a lawsuit Thursday accusing Spitzer and DMV Commissioner David Swarts of attempting to enact an "unlawful plan." Tedisco cites five causes of action, including an existing state law that requires driver's license applicants to have a valid Social Security number.

Moderator Tim Russert asked Senator Hillary Clinton (D-NY) about Spitzer's plan during a Democratic Presidential Candidates' Debate in Philadelphia Tuesday night.

After initially saying , "What Spitzer is trying to do is fill the vacuum left by the failure of [the Bush] administration to bring about comprehensive immigration reform," she later said, "Do I think this is the best thing for any governor to do? No."

Clinton's democratic rivals pounced on what they perceived as a flip-flop.

"Unless I missed something, Senator Clinton said two different things in the course of about two minutes," John Edwards said.

Dr. Bob Green, a professor of political science at Cazenovia College, said the criticism leveled by Edwards and Barack Obama (D-IL) prove they are trying to catch-up to Clinton.

"About all that you can do if you're as far behind the frontrunner as Obama is and Edwards is, is attack," Green said. "In fact, last night's debate showed just how well she is doing."

Clinton's comments do not constitute an actual flip-flop, Green said, because she has never previously stated her opinion on Spitzer's driver's license plan. Regardless, he said the perceived change of opinion will not be fatal to her campaign.

"She is doing just fine," he said.