Sunday, July 27, 2008

The Onion on Convoluted Legal Wranglings

There was a funny article in The Onion last week about Mets third baseman David Wright appealing a check swing call to the Supreme Court. It is funny because umpires and judges have some things in common (as PrawfsBlawg points out, Chief Justice Roberts has analogized his Court to a crew of umpires), because spending years waiting for a ball-strike call exemplifies how out of sync the timing of our courts can be with real life, because a check swing involves the sort of subjective test courts like to examine at length, and because it quotes John Kruk explaining originalist interpretation.

However, although the article says that the fake case had a "convoluted" procedural history, it involved no remands, interlocutory appeals, etc. In fact, it somehow managed to skip multiple levels of the state and federal courts--just look at the chart below. (Of course, National League umpires working at Shea are not actually a court of first instance in the New York State Unified Court System.)


[Courts written in gray were skipped.]








Ernster, the Virtual Library Cat

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