Law in Contemporary Society

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Chris,
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History of the Judge-Umpire Analogy

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<		The judge-umpire analogy is not new. While umpires in other sports made their way into opinions as early as 1886 in State v. Crittenden, the baseball umpire first made its way into an opinion in the 1910 case, Morrison & Snodgrass Co. v. Hazen, where the Court stressed an active judicial role in the pursuit of justice and said a judge is "not a mere umpire of a game of ball, to call balls and strikes." In a 1951 speech, Justice Jackson brought umpires into a positive light by analogizing judges to umpires while praising the impartiality of Judges Learned and Augustus Hand. But perhaps the most famous invocation in recent memory came when Chief Justice Roberts invoked the analogy in his 2005 Senate confirmation hearings. Among many, the judge-umpire analogy as espoused by Roberts has become synonymous with judicial restraint. However, the analogy fails, both as a model of judicial restraint and as a model of impartiality.
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>		While umpires in other sports made their way into opinions as early as 1886 in State v. Crittenden, the baseball umpire first made its way into an opinion in the 1910 case, Morrison & Snodgrass Co. v. Hazen, where the court stressed an active judicial role in the pursuit of justice by saying a judge is "not a mere umpire of a game of ball, to call balls and strikes." In a 1951 speech, Justice Jackson brought umpires into a positive light by analogizing judges to umpires while praising the impartiality of Judges Learned and Augustus Hand. But perhaps the most famous invocation in recent memory came when Chief Justice Roberts used the analogy in his 2005 Senate confirmation hearings. Among many, the judge-umpire analogy as espoused by Roberts has become synonymous with judicial restraint. However, the analogy fails, both as a model of judicial restraint and as a model of impartiality.
 

"Umpires don't make the rules; they apply them."


Revision 7r7 - 18 May 2010 - 18:46:10 - BrandonGe
Revision 6r6 - 13 May 2010 - 21:53:04 - BrandonGe
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