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Did Sotomayor 'Save Baseball'? George Will Takes Issue
May 27, 2009 11:49 AM
As White Sox fan and President Barack Obama introduced Supreme Court nominee Judge Sonia Sotomayor yesterday he praised her judicial record generally -- and in one specific case.
"During her tenure on the district court, she presided over roughly 450 cases," he said. "One case in particular involved a matter of enormous concern to many Americans, including me: the baseball strike of 1994 and '95."
To laughter, the president said, "in a decision that reportedly took her just 15 minutes to announce -- a swiftness much appreciated by baseball fans everywhere -- she issued an injunction that helped end the strike."
"Some say," the president said, "that Judge Sotomayor saved baseball."
This was a reference to when then-District Judge Sotomayor ruled in favor of the National Labor Relations Board against Major League Baseball's owners during the MLB players' strike.
Operating outside negotiations, owners changed the rules on salary arbitration and free agency and hired replacement players. The NLRB sued the owners to stop making those changes. Sotomayor ruled against the owners and players returned to work.
But baseball fanatic, conservative columnist and ABC News contributor George F. Will takes issue with the notion that this was "saving" baseball.
"The president is a gentleman and a scholar and a great ornament to our society, but he's not a great baseball historian," Will told us.
"He says that when she ended the baseball impasse that was interrupting play in 1994 and 1995, she saved baseball," Will says. "Far from it. What she did was overturn in a sense, the essence, the underlies, the essential theory of American labor relations, which is the parties should slug it out because they know best and whoever wins, wins."
Will says that "in fact, what she did was take sides, took union's side against the management, and in so-doing, wasted 262 days of negotiations. That, far from saving baseball, consigned baseball to seven more years of an unreformed economic system, which happened to be the seven worst years in terms of competitive balance."
Sotomayor, Will says, "delayed the restructuring of baseball. So I would say that far from her saving baseball, as the president says, that in fact, baseball thrives now because we got over the damage that her judicial activism did in that strike."
-- jpt
May 27, 2009 | Permalink | Share | User Comments (63)
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Both Obama and Sotomayor are flaming racists
Posted by: Texas
just a little bit curious, could you give me an enhanced definition of 'flaming racists',
I know there were generic racists like the KKK who were against civil rights, jews, non-catholics, etc... just about everyone who wasn't them..
but you have a newer term I'm not familiar with so I'd appreciate the edification.
Posted by: Dewde | May 28, 2009 10:40:25 PM
Sotomayor is an angry Marxist intellectual lightweight, not tomention a racist and sexist. Hey, no wonder the Obominator chose her.
Posted by: Bob Cirba | May 28, 2009 4:33:11 PM
'The lady is not qualified, just like Obama. Discuss facts here.'
Former_Democrat
'facts' eh? ROTFLMAO
Posted by: Oh Yeah | May 28, 2009 1:22:13 PM
Sotomayor's reported 60 percent reversal rate is lower than the overall Supreme Court reversal rate for all lower court decisions from the 2004 term through the present -- both overall and for each individual Supreme Court term.
Posted by: Oh Yeah | May 28, 2009 1:20:38 PM
She's been overturned on over 60% of her decisions. She belongs to a racist organization, La Raza. She believes in ruling on cases by empathy instead of by rule of law. The lady is not qualified, just like Obama. Discuss facts here. She is a poor judge, Obama did this because he knows that anyone who opposes her, the liberals can call a racist, when it is she that is a racist. Any person that votes for her should be removed from office for incompetence.
Posted by: Former_Democrat | May 28, 2009 11:21:45 AM
It is said that Judge Sotomayor if she passes the Confirmation hearings will be the FIRST Latina that will be on the Supreme Court of the United States. But what of Benjamin Cardozo?? He was on the bench of Supreme Court May 14, 1932 to July 9, 1938!!!
Granted he is of Portuguese descent, but also a Morronos Jew as were allot from that section of the world. Morronos Jew = Swine, Converso... Forced Conversion ... during the Spanish Inquisition and Crusades... usually the Crusader held a sword to their throat and said ... Convert or Die, or words to that effect.
could it be that the administration is hiding facts??... I bet Ben is turning in his grave.
Posted by: Louis D | May 28, 2009 10:34:04 AM
Saving baseball makes one uniquely qualified to serve on the Supreme Court. Both are as American as apple pie.
Posted by: DontGet818OnMeNow | May 28, 2009 9:10:04 AM
I can but agree totally with the comments posted by letter. I myself are an american of mexicn decent and i do think that sotomayor would try to be a actvist from the bench
Posted by: rick perez | May 28, 2009 1:06:58 AM
Following up on my post below:
I've read that Sotomayor was reversed in 3 of 5 of her decisions that were appealed to the Supreme Court, not 5 of 6. And I've read that the Supreme Court's reversal rate is 75% (probably for the reasons I stated below). So even if one were to give credence to the sample size, which by the way is far too small to make any serious statistical conclusions (five or six coin flips is not nearly enough to determine whether you've got a "fair" coin), she'd be doing just fine.
Posted by: dsimon | May 28, 2009 12:39:50 AM
Sorry that was until 1968 only two teams were allowed into the playoffs. 1969 was the start of the "playoff system". SO the vast majority of baseball history only two teams made the playoffs. I think it more apt to compare apples and apples, don't you?
Posted by: John | May 27, 2009 9:01:32 PM
Ryan C you are making a false analogy with the "how many teams made the playoffs" argument.. From 1900 to 1962 only two teams (one from each league) ever made the playoffs. The only standard to use in comparing different eras is to look at the one constant: how many different teams actually made the WS. More did so, at least as a percentage of total teams fielded during the '30s, '40s, and '50s then did so from '95 to '01. Even '49 to '55 five out of 16 teams (31 percent) made the WS.
I'm not sure what reforms George Will is talking about, but I never brought that up in any of my posts, nor was it ever a part of my argument (Don't confuse me for Will). However I do recall the issue of contraction being on the table in 2002, and MLB's antitrust exemption being threatened. Also I think the Collective Bargining Agreement expired then and had to be re-negotiated. I'm not sure about that though.
You should probably send an email to George Will, who has a column and written several books on baseball. Which is why he is probably a more trusted source of info then some anonymous guy on the internet.
Posted by: John | May 27, 2009 8:58:05 PM
J House:"The President's pick has been overruled 5 out of 6 times by the Supreme Court, yet she is the best the President could come up with?"
This is grossly misleading on two counts. First, the Supreme Court doesn't usually take cases from lower courts unless it thinks the lower court was wrong, or unless there's a split in the lower courts that needs to be resolved. Since it usually won't take a lower court case just to affirm, there may be a selection bias for cases to reverse. So getting most of one's cases reversed may not be unusual.
Second, one has to look at why the cases were reversed. It could be that the lower judge was following precedent at the time (either from prior circuit level decisions or from older Supreme Court decisions), and it's the Supreme Court that decided to be "activist," not the lower court.
So to say an appellate judge was reversed at the Supreme Court level 5 out of 6 times doesn't really tell you much--unless you're just looking to score superficial political points without trying to dig deeper into the facts.
Posted by: dsimon | May 27, 2009 7:52:46 PM
Sotomayer saved baseball, Gore invented the internet, and Obama saved the world.
Delusions of grandeur.
Posted by: ross | May 27, 2009 5:44:08 PM
"Sotomayor's statements and actions are sexist and racist, no matter how you spin them!"
Actions?
You have a single statement in which actual racists like Rush Limbaugh call racist.
"Those who fail to recognize that fact only demonstrate that they themselves are sexist and racist."
Posted by: Ryan C | May 27, 2009 4:59:12 PM
"Judges are NOT supposed to be partisan or racist"
Unless appointed by Republicans,
See Charles W. Pickering Sr.
Posted by: Ryan C | May 27, 2009 4:55:45 PM
Ryan C., I agree with you. Sotomayor's statements and actions are sexist and racist, no matter how you spin them! Those who fail to recognize that fact only demonstrate that they themselves are sexist and racist.
Posted by: letter | May 27, 2009 4:53:46 PM
What the public is entitled to expect is that judges will apply the law neutrally, according to established principles.
Posted by: letter
'established principles' said it was OK to have slaves and discriminate against women and 'gays', and that there could be no 'interracial' marriage.
the President can ignore just about any legislation he/she would choose to using 'signing statements'.
Posted by: Oh Yeah | May 27, 2009 4:51:44 PM
sisterdearest09, do you understand white males? Do you understand Indian males? Should we appoint judges because they understand white males, or black males, or purple males?! Judges are NOT supposed to be partisan or racist. I'm a latino woman myself, but I don't want a racist to be appointed Supreme Court judge!
Posted by: letter | May 27, 2009 4:48:16 PM
Sotomayor discusses “the law” without distinguishing meaningfully between the legislature’s role in making law and the judiciary’s role in applying it. For example, she asserts:
The public expects the law to be static and predictable. The law, however, is uncertain and responds to changing circumstances.
What the public is entitled to expect is that judges will apply the law neutrally, according to established principles. That’s a large part of what the “rule of law” means. It’s the province of legislatures to change the law to “respond to changing circumstances.”
Posted by: letter | May 27, 2009 4:42:58 PM
No white man/woman can really understand and relate to the lives of any minorities in this country!!!!
Judge Sotomayer is not a racist but a latina woman that spoke the TRUTH!!!!
Posted by: sisterdearest09 | May 27, 2009 4:33:32 PM
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