Nov 10, 2009, 10:25 AM EST
The fellow to the right is Jeff Novitzky, the controversial federal agent who in 2004 led the raid on a drug lab that the 9th Circuit Court of Appeals has ruled violated the constitutional rights of the baseball players who took drug tests during the 2003 steroid survey. That ruling came after a previous, smaller panel of the same court weighed in. Which itself came a couple of years after the trial court weighed in. In other words, this thing has been dragging on forever.
Forever is about to get longer, though, because now the court is asking Players Association and the government whether an even larger, damn nigh unprecedented panel of appeals court judges should weigh in on the issue. The the court things that all 27 — yes, 27 — judges should hear the case, the thing could drag on for another two years. And that’s before the U.S. Supreme Court gets a chance to weigh in.
From a legal perspective it blows my mind that the court is so uncomfortable with its ruling — a ruling that says that the government can’t waltz into your doctor’s office with a search warrant for a specific patient’s records and walk out with the medical records of you and and your kids and your aunt Tilly and everyone. This seems pretty basic to me, but to the extent I’m wrong and it’s not basic, it’s something that the U.S. Supreme Court is going to have to rule on anyway, so why not get it to them sooner rather than later?
From a steroids-in-baseball perspective we stand in the same place we have stood for many years now: the court order sealing those test results remains in place, Mr. Novitzky’s seizure of the 2003 testing records currently stands as a violation the constitutional rights of players who took those drug tests, and anyone who leaks information relating to those 2003 test results is in criminal contempt of a federal court order.
But don’t let that stop Mr. Novitzky from continuing to be promoted rather than disciplined and the ignorant from demanding that the names from the famous list Novtizky created be released all the same.
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