Fire Jim Tracy

Wednesday, March 09, 2005

Why Not Bonds?

Tom Davis (R-VA) says because they don't want to turn it into a "circus?" HAHAHAHA! OK. Because having Mark McGwire, Jason Giambi, Sammy Sosa, and Jose Canseco there will make it nothing like a circus.

Davis is a smart pol. Many credit him with being one of the most politically shrewd members there. He knows exactly who he's inviting and who he's not inviting, and why. Don't get bogged down in his goofy answer -- they know what they're doing.

UPDATE: "Baseball's first amendment privacy right?" Yeah, and the antitrust exemption is in the third amendment. Memo to MLB: People might take you and your problems more seriously if you would say serious things, and not make Henry Waxman sound like Henry Clay. How does "baseball" have a privacy right, even if such a right existed (which it doesn't -- at least not in this context -- unless Barry Bonds wants to get an abortion, which is possible given some of the stuff he was allegedly taking), and could be found in the first amendment (Roe, Casey, and Lawrence, the Holy Triumverate of sexual privacy cases, are generally rooted in the Fifth and Fourteenth Amendments -- specifically in the due process never to be admitted as "substantive"). The only "first amendment privacy" case would be Canseco's, who could make some sort of argument that consenting adults ought to be able to communicate and use steroids in the privacy of their own locker room, and the government's steroid rules unreasonably bar such communication (making it akin to a case like Griswold, where married couples in Connecticut were barred from using birth control). This would probably be too much of a stretch (if I might engage in atypical understatement) for even the libertarian Justice Kennedy, since steroid use is probably not what he had in mind when he wrote about people defining the mysteries of their own universe.

And interference with the Grand Jury? Again -- no Bonds, no Sheffield? Wonder why. Please, don't bore me.

In short, it's hard to cede the battle for "substance" to Congress, but MLB appears to be doing an excellent job.

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