Thursday, October 06, 2005

Re: The Baseball Analogy

Professor Bainbridge Makes the case against Miers through the Baseball Analogy:

The Supreme Court is the show. Every day a Justice has to match wits with other justices, law clerks, and lawyers who are among the greatest legal minds of our time.

Crash Davis was a smart and skilled baseball player, but he couldn't make it to the show because there were hundreds of other players who were even smarter and more skilled. Likewise, Harriet Miers doubtless is a smart and skilled lawyer. Her credentials are undeniably impressive in many respects. Certainly more so than my own in most respects. But - and this is a big but - there are hundreds of lawyers in this country whose resumes, smarts, and skills are as, if not more, impressive as Harriet Miers'.

I really like this analogy. A better analogy, however, is to the NFL draft. Assume Roberts was the first pick in the draft. Bush was then picking in the number 2 spot. Rather than taking a hot shot stud athlete with the pick, Bush chose a place kicker from SMU because he thought the pick would be easy to sign and not cost too much money. Not the best athelete available, but signable, and the team needs a kicker anyway, right? First round picks don't always pan out, for sure, but you don't pick a kicker with the number 2 pick in the draft.