During his confirmation hearings, John Roberts likened the role of the courts to that of baseball umpires, noting that umpires play a limited role to ensure that everyone else plays by the rules, adding that “[n]obody ever went to a ballgame to see the umpire.” As a judicial conservative (albeit a proud non-member of the Coalition of the Illin’, at least for now), I thought that analogy made a lot of sense … until last night, when a real baseball umpire, Doug Eddings, proved himself to be the Lewis Powell of baseball, legislating from the field to break a 1-1 impasse in the bottom of the 9th and declare Chicago the winner by umpirical fiat. Between the call itself, and the fact that all of his fellow umpires reflexively joined his unsupportable opinion without dissent, I’m not so sure I like Chief Justice’s umpire analogy after all. If more umps were as bumbling and incompetent as Eddings, people probably would pay money to go watch the ump make an ass of himself. I know I would. In fact, I know I will be watching this ump closely when I attend Games 4 and 5 later this week, and I don’t think I’ll be alone in that.
Meanwhile, sportscaster/blogger Brooks Melchior (h/t: Kevin Roderick) offers evidence that Edding got his job as a result of cronyism rather than merit. He doesn’t blame George Bush for this particular appointment, which is nice, but it did get me to thinking: if I were a Miers basher rather than a fence-sitter in the present controversy, I’d skip all that boring inside “baseball” about Lewis Powell, Potter Stewart, Harry Blackmun, Earl Warren Burger and the rest, and really go inside baseball by comparing her to Doug Eddings, instead. There’s only one problem with the analogy: Eddings may have moved up in the ranks too far or too quickly, but unlike Miers, he did begin his career in the usual monestary, the minor leagues, before being promoted to the Supreme Soviet of Baseball.