District Judges Couldn’t Call a Baseball Game

Are honesty and knowledge of the game’s rules essential attributes for a baseball umpire? How about for someone whose decisions affect the life and liberty of another human being?

In Major League Baseball (MLB), a batter cannot be struck out on a foul ball. What if an umpire repeatedly calls “strike 3!” on foul balls? Might the fans be a bit miffed, that the guy calling the game doesn’t understand it?

What if an umpire applies the rule correctly when one team is at bat, but not when the other is trying to score? Is getting the rule right half of the time better than always getting it wrong? Or rather, would that be an indication of an unacceptable bias?

Does the outcome of any game mean anything when the officiating is unreliable (i.e. stupid or dishonest)? If the important games always seem to be officiated by stupid or dishonest umpires, how would the sport be affected? Would baseball remain our “national pastime” or would the fans become devoted fans of football soccer?

If MLB were plagued with umpires striking out batters with foul balls, would the fans be satisfied if the Commissioner said: We do not have stupid or dishonest umpires. They are all men and women striving for fairness in every game? Would such an assurance increase the season ticket sales, or would the fans think MLB management to be just as clueless as its umpires?

Are those questions less relevant when “the game” could affect the future of another person, or that of our republic?

As you’ve probably guessed, this piece isn’t about baseball. Its about district judges, whom Chief Justice John Roberts called men and women doing their level best to “call balls and strikes.”

Can a court ensure fairness, if presided over by a unethical or incompetent judge? How many judges can be dishonest or stupid before the entire system is deemed unjust? Can an unjust system provide a just result?

During her Supreme Court confirmation hearing, Ketanji Brown Jackson was asked to define “woman.” She responded that she was unable to do so, because she was not a biologist. Given that the court frequently deals with issues of gender, should we take her answer to mean that she is incompetent to hear those cases? Or was she being dishonest at her confirmation? I note that Justice Brown Jackson has not recused herself from any case in which gender is the central issue. Does that indicate anything about her integrity? Does that indicate anything about the Senators who voted to confirm her? Can we infer anything about their wisdom or honorability based on their “thumbs up” for a woman who claims to not know what a woman is?

Judge James Boasberg issued a nationwide injunction against the deportation of illegal alien members of the Tren de Aragua gang. But district judges have no jurisdiction over immigration matters. Does Judge Boasberg not understand the rules of the game he is officiating, or is he dishonest?

During the annual Judicial Conference in March, Judge Boasberg advised Chief Justice John Roberts that his D.C colleagues were:

concern[ed] that the Administration would disregard rulings of federal courts leading to a constitutional crisis.

Doesn’t that sound a bit like prejudging a case, before hearing the evidence? Why not save the pitcher’s arm and shout “Strike 3, you’re out!” before the first pitch – if you already know the batter isn’t going to get a base hit? Has Judge Boesberg recused himself from any case in which he has already judged the litigants? Have any of his “concerned colleagues”?

When President Trump issued an executive order concerning the interpretation of birthright citizenship, Judge Joseph Laplante issued a nationwide injunction against enforcement of the order. The Supreme Court subsequently clarified that district judges have no nationwide injunction power. Judge Laplante responded by declaring a nationwide “class” and reissued the injunction. Did he not know how to read a Supreme Court decision, or was he dishonest when he defied its ruling?

Responding to criticism of federal judges, Chief Justice John Roberts reassured the public that:

We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.

Given the behavior of district judges for the past eight years, is John Roberts clueless or dishonest. Is his insistence that we trust him rather than what we observe, enhancing our confidence in the judiciary? Do such false claims reinforce or undermine the reputation of the Article III branch of government?

Wouldn’t the public have more confidence in the judicial branch if Roberts acknowledged that we have a crisis, and outlined a corrective action plan? Perhaps he could say something like:

We clearly have a political bias problem in the judiciary. I didn’t appoint these judges, but as the Chief Justice of the Supreme Court, I have a Constitutional duty to take corrective action. Clarifying our expectations in judicial rulings has not corrected the problem. Therefore, I have determined that it is past time for more active measures.

    1. Against the objections of Justice Sotomayor, I am cancelling our summer recess, to expedite the processing of emergency motions which I anticipate.
    2. My court will undertake a proactive review of select lower court rulings, and prescribe remedial training as needed.
    3. Where ethical lapses are identified, I will be forwarding cases to the Congress, with a recommendation for impeachment.

Consistent with bullet 3, I have referred the case of D.C. District Judge Boasberg to Congress, with my recommendation for impeachment. During our recent judicial conference, Judge Boasberg expressed his bias against a litigant in various cases before him. Yet he has not recused himself. Such a lack of integrity cannot be tolerated in a system which must provide fairness to all litigants.

Wouldn’t that be more confidence inspiring than telling us that we don’t see what we clearly see?

Author Bio: John Green is a retired engineer and political refugee from Minnesota, now residing in Idaho. He spent his career designing complex defense systems, developing high performance organizations, and doing corporate strategic planning. He is a contributor to American ThinkerThe American Spectator, and the American Free News Network. He can be reached at greenjeg@gmail.com.

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