Sunday, October 16, 2005

Balls and Strikes

Been awhile. No excuses.

So we all remember way back when our current Chief Justice was entering his confirmation. He assuaged our fears by comparing himself to an umpire, and explained his judicial philosophy by stating:

"Umpires don't make the rules; they apply them. … They make sure everybody plays by the rules. … And I will remember that it's my job to call balls and strikes and not to pitch or bat."

Sounds good. Though I personally think a Supreme Court Justice is more like a member of the Major League Baseball Rules Committee. A low strike call today, is not a low strike call tomorrow or the next day. District and Superior Court Judges can make unpublished rulings, but not the Supreme Court. They make precedent. Every time.

But I digress. I do like the comparison. And using it illustrates how absurd the Miers pick is. If Judges are umpires, then sitting on the Supreme Court is being on the lead crew for the World Series. So here's the problem. Miers hasn't even umped a little league game, to say nothing of three or four solid years at AAA. Essentially, as a lawyer, she is a player, not an Ump.

So it isn't just that we have questions about her Strike Zone. We don't have any evidence that she knows the rules, to say nothing about her ability to apply them fairly.

To extend the baseball metaphor to its logical conclusion, imagine that Miers is a baseball player. A soon to be retired player. One who worked for George Bush and who has a somewhat mixed legacy and rumors of sexual disfunction. I am speaking of course, of Rafael Palmero. Would it be refreshing to allow Rafael to call a game or two? I don't know. Maybe. Maybe not. Would I want to see him standing behind the catcher at the outset of the World Series? Would anyone?

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