Umpire Ethics: Robo-Ump Update and “Oh-oh!”

Regular readers here know about both my passion for baseball and my disgust with how many games are determined by obviously wrong home plate calls on balls and strikes. Statistics purportedly show that umpires as a group are correct with their ball/strike edicts about 93% of the time, representing a significant improvement since electronic pitch-tracking was instituted in 2008. What explains the improvement? That’s simple: umpires started bearing down once they knew that their mistakes could be recorded and compiled. In 2008, strikes were called correctly about 84% of the time, which, as someone who has watched too many games to count, surprises me not at all.

Even 93% is unacceptable. It means that there is a wrong call once every 3.6 plate appearances, and any one of those mistakes could change the game’s outcome. Usually it’s impossible to tell when it has, because the missed call was part of a chaos-driven sequence diverging from the chain of events that may have flowed from the right call in ways that can’t possibly be determined after the fact. Sometimes it is obvious, as in several games I’ve seen this season. An umpire calls what was clearly strike three a ball, and the lucky batter hits a home run on the next pitch.

Before every game was televised with slo-mo technology and replays, this didn’t hurt the game or the perception of its integrity because there was no record of the mistakes. (Sometimes it wasn’t even a mistake: umpires would punish batters for complaining about their pitch-calling by deliberately declaring them out on strikes on pitches outside the strike zone.) Now, however, a missed strike call that determines a game is both infuriating and inexcusable. As with bad out calls on the bases and missed home run calls, the technology exists to fix the problem.

Baseball only installed a replay challenge system after the worst scenario for a missed call: a perfect game—no hits, runs or base-runners—was wiped out by a terrible safe call at first on what should have been the last out of the game. The game was on national TV; the missed call was indisputable. That clinched it, and a replay challenge system was quickly instituted. I long assumed that robo-umps would only be instituted after an obviously terrible strike call changed the course of a World Series or play-off game, embarrassing Major League Baseball. For once, the sport isn’t waiting for that horse to leave before fixing the barn door. It has been testing an automated balls and strikes system (ABS) in the minor leagues for several years now. Good. That means that some kind of automated ball and strike system is inevitable.

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Pro Sports’ Stunning Hypocrisy On Gambling

From ESPN:

“Isaiah Rodgers and Rashod Berry of the Indianapolis Colts and free agent Demetrius Taylor were suspended indefinitely — through at least the 2023 season — for betting on NFL games last season. In addition, Tennessee Titans offensive tackle Nicholas Petit-Frere was suspended six games for betting on other sports at the workplace. The four suspensions were announced Thursday by the NFL. The Colts subsequently announced that both Rodgers and Berry have been waived as a consequence of their suspensions. “The integrity of the game is of the utmost importance,” general manager Chris Ballard said in a statement. “As an organization we will continue to educate our players, coaches, and staff on the policies in place and the significant consequences that may occur with violations.”

Meanwhile, while watching the Boston Red Sox play the Toronto Blue Jays yesterday, I noticed that about 75% of the commercials were promoting on-line betting on baseball games, including that baseball game. At one point the Red Sox play-by-play announcer read the over-under odds on the game’s total runs and other odds. Several of the gambling ads featured David Ortiz, the Red Sox icon who is about to be inducted into the Hall of Fame.

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Morning Ethics Warm-Up: Snap Out Of It!

This morning, instead of the usual grainy 1930’s movies TCM usually shows before noon, it was featuring “Casablanca” for some reason. It’s a good thing, because the recent news had me heading for the bridge. As usual, the legendary singing duel at Ric’s between the Nazis and the French put me in a defiant mood, so I decided it was a good time to bring back the incredible Mirielle Mathiue and one of her signature performances of “La Marseillaise.” I’m a big fan of “The Star Spangled Banner,” but as inspiring national anthems go, this is the gold standard.

Now I feel better, and will at least until I finish this post.

1. You want racial conflict? This is how you get racial conflict. One benefit of the warm-up format is that I can write as little as possible about things that would make me up-chuck if I had to compose full posts about them. Following on the “systemic racism” myth, Oakland, California is launching a guaranteed income experiment called Oakland Resilient Families. 600 families in the city will receive $500-a-month payments over the next 18 months “to eliminate racial wealth inequalities.” Oakland’s guaranteed income program is only for low-income black, indigenous, and people of color, or BIPOC, families.

Whites cannot apply. If Oakland’s whites are poor, they have no excuses. They are just lazy, useless losers, I guess.

Families must apply online in the coming weeks and months in order to enter a pool of potential recipients, from which eligible families will be randomly selected to receive the cash payments.

I don’t have to explain what’s unethical about this, do I? Or what’s stupid about it? Or irresponsible?

In related news, a Kentucky mother is in custody on murder charges after her 2-year-old son overdosed on fentanyl while she slept. She had bought the drug with her stimulus money.

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Here Is Why Baseball Fans, And Almost Everyone Else, Are Ignorant Of How The Law Works…

Last night, while I was watching a lousy Red Sox loss to the Oakland A’s, the Boston broadcasters announced their mid-game poll: “Do you agree with the Supreme Court decision on sports betting?” Viewers were supposed to text one number for yes, another for no. It was quite clear that the Sox announcers themselves had no clue what the decision was, however, as Jerry Remy and Dave O’Brien began debating the pros and cons of legalizing sports betting. The debate was edifying, but had nothing to do with the Court’s decision in Murphy v. National Collegiate Athletic Association whatsoever.

They and thousands of Red Sox fans had no clue what the decision was, and their ignorance didn’t stop them from voting on what they thought it was. What they thought it was came from second and third hand social media posts, and misleading headlines (“Supreme Court Strikes Down Anti-Sports Betting Law”) as well as brain-dead reports on the meaning of the majority ruling. (“Today the Supreme Court opened the door to legalized sports betting by declaring the federal law banning it unconstitutional…”). On a local news channel in the D.C. area, a reporter was dispatched to “investigate” if the reporting on the decision was accurate. “We began by reading the decision itself,” he said,

Wow! What a concept! Read the opinion rather than depend on ignorant reporters who don’t know the Constitution from “Hiawatha” to explain it based on what they think they know, which is not remotely like knowing anything!

Quoting again from ScotusBlog, here’s what “the decision on sports betting” was…

The 10th Amendment provides that, if the Constitution does not either give a power to the federal government or take that power away from the states, that power is reserved for the states or the people themselves. The Supreme Court has long interpreted this provision to bar the federal government from “commandeering” the states to enforce federal laws or policies. [The] justices ruled that a federal law that bars states from legalizing sports betting violates the anti-commandeering doctrine…

…In a decision by Justice Samuel Alito, the court began by explaining that the “anticommandeering doctrine may sound arcane, but it is simply the expression of a fundamental structural decision incorporated into the Constitution” – “the decision to withhold from Congress the power to issue orders directly to the States.” And that, the majority continued, is exactly the problem with the provision of PASPA that the state challenged, which bars states from authorizing sports gambling: It “unequivocally dictates what a state legislature may and may not do.” “It is as if,” the majority suggested, “federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals. A more direct affront to state sovereignty,” Alito concluded, “is not easy to imagine.”

Later on, Alito makes it clear that the decision isn’t pro-sports betting or anti-sports betting. The decision is anti-the federal government telling the states that they can’t pass certain kinds of laws, and the subject matter of those laws are irrelevant to that principle. The decision in Murphy v. National Collegiate Athletic Association  no more approves legalized sports betting than it approves speed limits over 90 or letting felons vote in state elections. The decision says that while the federal government can pass its own laws, it can’t order the states not to pass laws.

Never mind! Thousands of Red Sox fans had opinions based on misunderstanding the decision, just as many bloggers and online commenters worked themselves into a frenzy about the evils or benefits of sports betting, aided by journalists who literally, not figuratively, didn’t know what they were writing about, and didn’t have the integrity or common sense to find out.

Good job, everybody!

 

Morning Ethics Warm-Up, 5/15/2018: Alito Gets One Right, Ellison Deceived, And An Ancient, Unethical Tactic Works Once Again…

To a glorious morning, Ethics-Lovers!

1. Bad Alito, Good Alito.  As I briefly noted yesterday (and hopefully will do in detail today), Justice Alito authored an unethical and embarrassing dissent defending a lawyer who deliberately betrayed his client by telling the jury that he had killed someone his client denied killing. Bad Alito. However, the arch-conservative jurist also authored the majority opinion in Murphy v. National Collegiate Athletic Association, in which the SCOTUS majority struck down a virtuous but unconstitutional law, and did so clearly and well.

These are, I think, my favorite Supreme Court opinions, where the Court ignores the motives and objectives of a law and simply rules whether the legislature is allowed to behave like that. I don’t know, but I would guess that most of the majority feel the way I do about organized sports gambling: nothing good can come of it, and a lot of harm is inevitable. One they get the green light, I’m sure that as many states will take over sports gambling for its easy revenue as now prey on its poor, desperate and stupid with their state lottery scams. Everyone involved–sports, fans, athletes, states, the public’s ethical compass—is going to be corrupted by letting the sports betting genie out of its bottle: just watch.

Nevertheless, the Professional and Amateur Sports Protection Act, a 1992  law known as PASPA, should have been struck down decades ago; I’d love to know why it took so long. No, it did NOT ban sports betting, though this is what far too many news reports tell you. Congress can ban sports betting directly if it chooses to, as it is interstate commerce. This isn’t in dispute. What it did in 1992, however, was to order states not to pass laws states have a constitutional right to pass. The distinction matters. From SCOTUS Blog, which is usually the best source for analysis of these things:

The 10th Amendment provides that, if the Constitution does not either give a power to the federal government or take that power away from the states, that power is reserved for the states or the people themselves. The Supreme Court has long interpreted this provision to bar the federal government from “commandeering” the states to enforce federal laws or policies. [The] justices ruled that a federal law that bars states from legalizing sports betting violates the anti-commandeering doctrine…

…In a decision by Justice Samuel Alito, the court began by explaining that the “anticommandeering doctrine may sound arcane, but it is simply the expression of a fundamental structural decision incorporated into the Constitution” – “the decision to withhold from Congress the power to issue orders directly to the States.” And that, the majority continued, is exactly the problem with the provision of PASPA that the state challenged, which bars states from authorizing sports gambling: It “unequivocally dictates what a state legislature may and may not do.” “It is as if,” the majority suggested, “federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals. A more direct affront to state sovereignty,” Alito concluded, “is not easy to imagine.”

…The court also rejected the argument, made by the leagues and the federal government, that the PASPA provision barring states from authorizing sports betting does not “commandeer” the states, but instead merely supersedes any state laws that conflict with the provision – a legal doctrine known as pre-emption. Pre-emption, the majority explained, “is based on a federal law that regulates the conduct of private actors,” but here “there is simply no way to understand the provision prohibiting state authorization as anything other than a direct command to the States,” which “is exactly what the anticommandeering rule does not allow.”

Got it.

Good decision. Continue reading