Even the government now believes that the 2004 drug test seizure was illegal


In case you missed it over the weekend, the feds have agreed not to appeal the ruling that investigators illegally seized a list of baseball players who allegedly tested positive for steroids back in 2004.  Welcome news, even if it’s too late for Alex Rodriguez, David Ortiz, Sammy Sosa and the other 101 players who still stand the risk of having their putatively anonymous employee drug tests released by whoever it was who leaked the other names. Because that person still has the list, of course.

Throughout this entire drama, a large number of baseball fans have demanded that all of the names of those who tested positive be released. “Release the names!”  “Get it all out there!” “Clear the air!” they’ve cried, ignoring the fact that their “right” to know the drug test results of baseball players does not supersede the rights conferred by the Fourth Amendment to the Constitution of the United States of America. It has long been clear to me that such an approach is madness, because to do so would be to validate an illegal government search and would constitute a violation of players’ privacy rights.  Now even the government agrees with this, and there is no one who matters in the relevant litigation who believes that the search was anything other than a gross abuse of governmental power.

So, given that even the feds now agree that the search was unconstitutional, is there anyone out there who still thinks the names should simply come out?  If so, I’d love to hear the rationale. If you have one, be sure to explain how that rationale outweighs the Constitution.  It would also help if you could explain why your employer shouldn’t release your employee drug tests to the media and the general public as well.

Theo Epstein on sportswriters: “The life of a sportswriter is pretty lonely. You kind of work by yourself, sit there by yourself…”

CHICAGO, ILLINOIS - OCTOBER 07:  Chicago Cubs general manager Theo Epstein stands on the field during batting practice before the game between the Chicago Cubs and the San Francisco Giants at Wrigley Field on October 7, 2016 in Chicago, Illinois. (Photo by Jonathan Daniel/Getty Images)
Jonathan Daniel/Getty Images

Rick Morissey of the Chicago Sun-Times published an article on Sunday giving a bit of insight into Cubs president of baseball operations Theo Epstein. When Epsten was younger, he dabbled in sportswriting, but quickly realized the trade wasn’t for him.

As Morissey details, when Epstein was 19 years old writing for Yale’s student newspaper, he wrote an article suggesting the school’s football coach should be fired during what would become a 3-7 season. Epstein was told during the meeting that one writer would defend the coach and one would call for his job. “It was a lesson in the way that the world of journalism sometimes works. It was an eye-opener for me. I regret it, and I’ve happily moved on.”

Epstein continued, “I realized I didn’t want to be a sportswriter when I was interning with the Orioles back in ’92, ’93, ’94. I did do a lot of media-relations stuff, and I saw that the life of a sportswriter is pretty lonely. You kind of work by yourself, sit there by yourself in the press box, go back to the hotel bar. Not to generalize.” He added, “But I really respect writing and respect sportswriters.”

He’s not wrong, and he seems to have found his calling as a front office executive. His Cubs are back in the World Series for the first time since 1945.

Jason Kipnis injured his ankle celebrating the pennant with Francisco Lindor

TORONTO, ON - OCTOBER 17:  Jose Ramirez #11, Francisco Lindor #12, Jason Kipnis #22 and Mike Napoli #26 of the Cleveland Indians celebrate after defeating the Toronto Blue Jays with a score of 4 to 2 in game three of the American League Championship Series at Rogers Centre on October 17, 2016 in Toronto, Canada.  (Photo by Vaughn Ridley/Getty Images)
Vaughn Ridley/Getty Images

Indians second baseman Jason Kipnis tweeted on Sunday, “Got a little too close to [Francisco Lindor] during the celebration!! Freak accident but should be good to go by Tuesday! #cantkeepmeoutofthisgame!”

Per’s Jordan Bastian, manager Terry Francona said Kipnis is dealing with a low ankle sprain, but he’s expected to be ready to go when the World Series begins on Tuesday. Kipnis went through fielding drills on Sunday.

Kipnis is hitting .167/.219/.367 with a pair of homers and four RBI in eight games this postseason.