Monday, May 23, 2016

Deflategate Shows What A Shambles Justice Has Become

"Deflategate," a trivial matter concerning adults who play a children's game for a living, should have ended long ago. To recap, in 2015 the NFL suspended Patriots quarterback Tom Brady for a paltry few games because evidence showed it was more likely than not that he had participated in under-inflating the footballs he was throwing, which gave him an unfair advantage over other teams. Like any red-blooded American with an over-inflated ego, however, Brady refused to take the hit and get on with his good life, opting instead to make a federal case that has been dragging on for a year now. The NFL's penalty was overturned by a federal judge, but that decision itself was overturned by a panel from the Second Circuit Court of Appeals. Most recently, Brady announced his intention to appeal to the entire Second Circuit and, if necessary, to the US Supreme Court.

This is a joke.

For one thing, the NFL is a private organization and should have the right to dish out any penalties provided for under its agreements with teams and players, without any second-guessing by meddlesome federal judges (who already interfere far too much in daily life).

For another, the purpose of having a court system is to provide two critical things with regard to disputes: 1) certainty, and 2) finality. Courts no longer provide either one, but rather constantly flip-flop and leave everyone in the dark as to what the rules are. The Supreme Court's decisions from the past year alone demonstrate that "law" now means whatever a judge feels like, without regard to codified rules or precedents, which is to say there is no law. Not only does this make it impossible to conduct one's affairs with any peace of mind, but it also constitutes a major drag on the economy.

What this farce demonstrates is that government can involve itself in any private matter, and that the outcome is anyone's guess. Feel safe and sound?

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