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.
It’s been one issue after the next for Indians reliever Andrew Miller, and on Saturday, the left-hander landed back on the 10-day disabled list with right knee inflammation. According to comments made by club manager Terry Francona, Miller’s knee has been a problem since the start of the year. The team has yet to determine a concrete timetable for his return to the bullpen.
Miller, 33, hasn’t looked like his usual sub-2.00 ERA, 2.0+ fWAR self this season, though he paired a 4.40 ERA and 6.3 BB/9 with an impressive 14.4 SO/9 across his first 14 1/3 innings. A left hamstring strain and minor back injury hampered his effectiveness on the mound, though this appears to be a more serious issue — especially given the five weeks he spent recovering from a tendon injury in his right knee last year.
In corresponding moves, the Indians designated right-hander Oliver Drake for assignment and recalled Triple-A right-handers Ben Taylor and Evan Marshall. Taylor, 25, was working on a 3.63 ERA, 1.0 BB/9 and 11.4 SO/9 through 17 1/3 innings in Triple-A Columbus, while 28-year-old Marshall turned in a terrific 0.77 ERA, 0.8 BB/9 and 6.9 SO/9 over his first 11 2/3 innings. Neither reliever has pitched more than a handful of innings at the big league level in 2018.