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

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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.

Settling the Scores: Tuesday’s results

NEW YORK, NY - SEPTEMBER 27:  Gary Sanchez #24 of the New York Yankees celebrates his first inning two-run home run against the Boston Red Sox with teammate Jacoby Ellsbury #22 at Yankee Stadium on September 27, 2016 in the Bronx borough of New York City.  (Photo by Jim McIsaac/Getty Images)
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The Sox’ winning streak ends at 11, thanks in part to Gary Sanchez continuing to hit like Barry Bonds or someone. Well, not quite Bonds, but his 20 homers in 49 games is ridiculous. I’d say “at some point pitchers need to stop giving him stuff to hit,” but this dude drove in a run when someone tried to intentionally walk him a week or two ago, so maybe there is nothing that can be done. In any event, Boston’s loss, along with the Blue Jays win, means that the AL East is not quite settled. It likely is practically, but not technically!

In other news, the Tigers pounded the Indians and their post-clinch, hungover lineup and, with the Orioles’ loss, pull a game closer in the Wild Card. The Mets pounded the Marlins who, one suspects, can only run on emotion so long and desperately want and ned to be with their loved ones to process this past week. The Cards and Giants both won as well, keeping the NL Wild Card at the status quo for another day: the Mets and Giants in, if the season ended today, the Cards one back.

The scores:

Yankees 6, Red Sox 4
Nationals 4, Diamondbacks 2
Cubs 6, Pirates 4
Blue Jays 5, Orioles 1
Tigers 12, Indians 0
Braves 7, Phillies 6
Mets 12, Marlins 1
Royals 4, Twins 3
Rangers 6, Brewers 4
White Sox 13, Rays 6
Astros 8, Mariners 4
Cardinals 12, Reds 5
Angels 8, Athletics 1
Padres 7, Dodgers 1
Giants 12, Rockies 3

Video: Aledmys Diaz hits a grand slam in remembrance of Jose Fernandez

ST. LOUIS, MO - JULY 21: Aledmys Diaz #36 of the St. Louis Cardinals hits an RBI single against San Diego Padres in the sixth inning at Busch Stadium on July 21, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
Dilip Vishwanat/Getty Images
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Cardinals shortstop Aledmys Diaz was childhood friends with Marlins pitcher Jose Fernandez, so it was expected when Diaz took time away from the team on Monday to visit Fernandez’s family in Miami. They grew up on the same street in Cuba and played for the same youth baseball team and both would ultimately wind up playing Major League Baseball in the United States.

In the bottom of the fourth inning of Tuesday night’s game against the Reds, Diaz hit a 2-1 Robert Stephenson fastball out to left-center field for a no-doubt grand slam. Teammate Yadier Molina gave Diaz a tight hug as he crossed home plate.

Before Tuesday’s game, Diaz said that the best way to honor Fernandez was to play with his passion, as MLB.com’s Jenifer Langosch reports. Diaz said, “I only play for [Fernandez’s] family right now.”

Here’s the video.