Legal Commentary

The Origin Of The Umpire Analogy

By Big Tent Democrat

Kagro at daily kos is sick of the umpire talk in the Sotomayor hearings. In fact, it was always a ridiculous argument, first forwarded by the disingenuous now Supreme Court Chief Justice John Roberts. During his 2005 confirmation hearings, I wrote about how disingenuous Roberts was to use the analogy:

It is an interesting analogy Judge Roberts draws. And it seems to me to be an excellent argument for why Judge Roberts must answer the questions put to him by the Senate. As any baseball fan knows, umpires are not uniform in the delineation of the strike zone. Some are "hitters" umpires. Some are "pitchers" umpires. Some call the high strike. Some call the outside pitch.

And when it comes to the Supreme Court of the United States, it is important that we know what Judge Roberts' "strike zone" is. His record, the part that was not concealed by the Bush Administration, gives many of us pause regarding Judge Roberts' "strike zone." His stated antipathy for the right to privacy, for voting rights measures, for discrimination remedies, etc., demands followup. What does your "rulebook" say about these things Judge Roberts?

Senators Feinstein, Whitehouse, Schumer and Durbin all pointed out today that Chief Justice Roberts was less than honest about what his judicial strike zone would be. In that sense, the umpire analogy still has its uses.

Speaking for me only

Full post as published by TalkLeft on July 13, 2009 (boomark / email).