Following Entry Posted 8/03/2006 03:26:00 PM

Justice Ginsburg and the Cleveland Indians

Being a fan of the Cleveland Indians, I'm disappointed this year. Whether it's an error or missing the cutoff man or hitting batters or not being able to catch base stealers, this year's squad regularly and predictably gives the opposition extra chances. I usually turn the game off to avoid watching rookie league baseball being played by a major league team.

As a result of the Indians' performance, opposing teams realize that they will be given more than a fair share of chances to win games. They know that each game against Cleveland is tilted. Whether it's the White Sox, the Twins, or the Tigers, the opposition knows that it can play risky against the Indians. And the ineptitude of Cleveland frequently rewards. It's four strikes, you're out. It's four outs to an inning.

Sigh.

Consider it lousy and long, but my introduction is merely an analogy of how I view the current political environment, nationally and internationally. Two galaxies of teams, conservatives and liberals, are competing to have their ideas prevail. And, no less than a competition with the Cleveland Indians, one side gets extra chances. The liberal side. Here's a recent example of the tilt.

Justice Ruth Bader Ginsburg

1971 - Joined the American Civil Liberties Union

1971 - Launched the ACLU's Women's Rights Project

1973 - Became ACLU's General Counsel (until 1980)

1974 - Member of ACLU's National Board of Directors (until 1980)

1980 - Left ACLU upon appointment to United States Court of Appeals

Given Ginsburg's history with the ACLU, a prudent observer could conclude that she has a bias toward the ACLU. A strong bias. After all, she dedicated a decade of her working life to the ACLU with a full six years spent as a national policy director. Logically, 'Go, ACLU, Go!' is indelibly tattooed on the team spirit banner in her psychological archives.

Since Justice Ginsburg has such a close relationship with the ACLU, one would assume that she would recuse herself in cases that involve the ACLU. One would be wrong.

In a court battle between the FBI and a group represented by the ACLU, Ginsburg sided with the ACLU. Big surprise, huh? Now, I'm not going to weigh in on the merits of the decision because I'm not a lawyer. But I can weigh in as average John Q. Citizen and what I see is Justice Ginsburg being in the wrong place. It is impossible for me to believe that her opinions could be impartial with regard to the ACLU, despite the subject. It wouldn't be human to be otherwise. Ginsburg's ACLU connection has to include an abiding loyalty, an enduring respect and an ocean of memories.

Frankly, Justice Ginsburg should construct a wall of separation between herself and the ACLU in all matters related to her position as a senior official in the United States government. To do otherwise just smells.

So, where's the tilt? I propose that the mainstream media has dropped the ball, no less than the Cleveland Indians do, on this issue and given Justice Ginsburg latitude. There has been no mention, to my knowledge, by any of the media elite to have Ginsburg explain her obvious conflict of interest.

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