The Wind-Up…The Pitch…The Supreme Court Rules!

Supreme Court nominee Elena Kagan’s confirmation hearing turned into a battle of the baseball metaphors this morning. When asked about Chief Justice John Roberts’ comment at his own confirmation hearing that justices act like baseball umpires, calling balls and strikes when deciding complex legal issues, Kagan agreed but said that while judges should be neutral they also have to exercise difficult judgments because, “They are not easy calls.” Justice Ruth Bader Ginsburg suggested the court start using instant replay, Clarence Thomas said the infield fly rule wasn’t relevant to them since they wear robes so who cares if your fly is open or not, and Antonin Scalia said he didn’t care what anyone says, he disagrees with them all.

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