The Yale Law Journal Online: The Supreme Court (of Baseball)


In his 2010 Yale Law Journal Online essay, The Justice as Commissioner: Benching the Judge-Umpire Analogy, Aaron Zelinsky traced the history of the judge-as-umpire analogy from the nineteenth century to the present. One year later, in The Supreme Court (of Baseball), Zelinsky shows why the right analogy is between the Supreme Court and the Commissioner of Major Leagues. He traces the Justice-Commissioner analogy back to 1903 and, through a series of paired case studies, shows how the comparison continues to apply today. As Zelinsky concludes, “Chief Justice Roberts had the right sport but the wrong position: Justices are not umpires; they are Commissioners.”

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