Posted 6:22 PM by steve

Jim Lindgren points out awrinkle in Roberts' ball and strikes opening statement...

I'd like to point out another: umpires tend to have their 'own' strike zone; what one umpire sees as a ball, another umpire might see as a strike (the same holds true in any refereed sport: football, hockey, basketball, where foul calls vary from referee to referee). The pitcher, aware of each umpire's tendencies, will throw pitches he believes the umpire will call strikes and avoid throwing pitches in the areas he believes the umpire will call it a ball. While individual batters and pitchers might have a particular preference for one umpire's strike zone over that of another umpire, what they prefer most of all is consistency from pitch to pitch. What really ticks them off is to have a high pitch called a ball one time and a strike the next (again, the same holds true for other sports).

To apply this to the courts, it's akin to knowing that each Justice has his or her own strike zone - based on their view of what is right and what is wrong - and watching the appellate lawyer appearing before the Court, like a pitcher, craft their 'pitch' to fit their impression of that Justice's respective strike zones.... of course, it's a bit tougher on the lawyer since they have to throw a pitch that hits the strike zone of five different umpires.

So the question I have for Roberts: define your strike zone.... and will you, over time, change it to toady up to the Washington elite?

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