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The government's seizure of the 2003 PED list ruled illegal. Again.

Sep 13, 2010, 3:59 PM EDT

The 9th Circuit Court of Appeals ruled today that he government’s seizure of the positive PED tests from the 2003 pilot testing program was illegal.  This affirms previous lower court rulings and overturns the one Appeals Court ruling to the contrary.  The decision — a lengthy one with lengthy dissents — can be read here. I haven’t yet read it all, so my observations on the law will have to wait a bit.

But the upshot is clear: all of the names that have been leaked from that 2003 testing, including David Ortiz, Sammy Sosa and Alex Rodriguez, were obtained illegally by the government and in violation of those players’ Constitutional rights.

Please try to remember that the next time you spout off about how “all the names should be released” and other such nonsense. We still have a Constitution in this country after all. Let’s try to respect it.

  1. amhendrick - Sep 13, 2010 at 4:27 PM

    Yeah, but it’s the 9th Circuit, which means it will be overruled.

  2. Trevor B - Sep 13, 2010 at 5:32 PM

    Our constition does wonders… like letting an alledged murderer go free. (see Simpson, O.J.)

    Of course that is just a high profile example as there have been many rapists, murderers or should-be felons in general who’ve been let off the hook because of “illegally obtained” evidence.

  3. Omega - Sep 13, 2010 at 5:44 PM

    So, are you saying, Trevor B, you are in favor of completely chucking the entire 4th Amendment (Protections against unreasonable search & seisure)? Just so you can see the rest of this list?
    Sorry, on this one I am gonna side with my constitutional rights, you can do what you want with yours…

  4. Omega - Sep 13, 2010 at 5:46 PM

    of course that should read ‘seizure’ can’t type or spell today…

  5. Preston - Sep 13, 2010 at 5:57 PM

    You know the easy solution? Don’t illegally obtain evidence, and when you get the evidence, handle it properly. Personally, I’d much rather have a few criminals fail to be convicted than live in a police state. In providing for the protection of the innocent, the Constitution must necessarily raise the standard of conduct and competency from the police and prosecution. If you have a system that will do that better, I’m happy to hear about it.

  6. John_Michael - Sep 13, 2010 at 6:48 PM

    Preston, how’d you get inside my head and steal my words?

  7. Rich in NJ - Sep 13, 2010 at 9:33 PM

    To paraphrase former Reagan Labor Secretary Raymond Donovan:
    Which office do [they] go to get [their] reputation[s] back?”

  8. avg joe - Sep 14, 2010 at 12:59 AM

    Preston: what I would have said, but more eloquent.
    Thank you.

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