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September 13, 2005
You Know Better, Ref!
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Erwin Chemerinsky Erwin Chemerinsky is a Alston & Bird professor of law and a political science professor at Duke University. |
A person with John Roberts' intellect and experience knows that analogizing a Supreme Court Justice to a baseball umpire is false and misleading. The Supreme Court decides the rules and, in fact, even determines the line-up by deciding what cases to hear. Most importantly, the analogy obscures the tremendous discretion that Justices have to decide the meaning of the Constitution. Deciding whether diversity is a compelling interest to justfiy affirmative action, or whether there is a right to abortion, or whether a vouchers program violates the Establishment Clause is nothing like calling a runner safe or out. A Supreme Court decision is not simply observing a fact, it is making a value choice about what the Constitution means.
Roberts' analogy should make it more difficult for him to refuse to answer questions about his views about key issues where he is likely to case the deciding vote. A baseball umpire could answer questions about any of his or her likely decisions. So should John Roberts.
Posted at September 13, 2005 07:00 AM
Comments
Since every ump calls a game differently, perhaps the better analogy would be to ask the nominee what his strike zone is.
Posted by: Steve Smith at September 13, 2005 02:14 PM