Sunday, July 12, 2009

Judges and Umpires

I do like baseball. I also like the law. So the umpire judge analogy always has some ring for me. However, it is a problem, and it has its limits. The New York Times today has an article examining this.

I do think that the difference of deliberation is important. It is also important to note how even something so clear as the strike zone, so clear as an opinion itself, is open to interpretation. Understanding the limits and power of interpretation, and understanding how that process works is important. I think, in some regards, we should be more honest about our interpretive processes here.

Anyhow, tomorrow the circus full of sound and fury and signifying nothing, the confirmation hearings of Sonia Sotomayor, begin.

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