Supreme Court Justice Goes out of Her Way to Clown the Mets

Supreme Court Justice Goes out of Her Way to Clown the Mets

Supreme Court justices are known for having their law clerks do the bulk of the bench's opinion drafting.

So either there's a baseball junkie in chambers, or Justice Elena Kagan went out of her way in the final edit of her majority opinion in the Caraco Pharmaceutical Labratories, LTD, et al, v. Novo Nordisk A/S et al. decision, released on Tuesday, to slip in a dig at the New York Mets.

From the Cornell Legal Information Institute (via Hardballtalk):

"The meaning of the phrase turns on its context. See
Johnson v. United States, 559 U. S. ___, ___ (2010) (slip op., at 5)
(“Ultimately, context determines meaning”). “Not an” sometimes means
“not any,” in the way Novo claims. If your spouse tells you he is late
because he “did not take a cab,” you will infer that he took no cab at
all (but took the bus instead). If your child admits that she “did not
read a book all summer,” you will surmise that she did not read any book
(but went to the movies a lot). And if a sports-fan friend
bemoans that “the New York Mets do not have a chance of winning the
World Series,” you will gather that the team has no chance whatsoever
(because they have no hitting) …"

(note: emphasis our own)

As HardballTalk points out, Kagan was born in New York, so there's a chance she's just a salty fan. Regardless, legal scholars decades from now will be able to look back through the annals of American jurisprudence to find that the Roberts Court went on record that the 2012 Mets couldn't hit.

Now we just have to hope former Phillies Fantasy Camp-er Justice Samuel Alito doesn't start getting cute all of a sudden.

Original photo (minus Mr. Met) courtesy the Associated Press

Tonight's lineup: Cody Asche starts in place of injured Roman Quinn

Tonight's lineup: Cody Asche starts in place of injured Roman Quinn

With Roman Quinn's season over with an oblique strain, Freddy Galvis moves up to second in the Phillies' lineup Wednesday night against the Braves.

Quinn's showing in the majors this month was a microcosm of his pro career to this point — he showed his speed with four steals and several infield hits, posted a .373 OBP in 69 plate appearances, but suffered another injury. Health has always been his roadblock.

With Quinn out, Cody Asche gets a start in left field against Braves right-hander Mike Foltynewicz, who he's homered off of. The presence of Quinn and Aaron Altherr has limited Asche's playing time — he's started only three games since coming back from Triple A on Sept. 10.

Asche bats seventh, a spot ahead of Aaron Altherr, who is 7 for 52 (.135) in his last 18 games and has four extra-base hits in his last 133 plate appearances.

1. Cesar Hernandez, 2B
2. Freddy Galvis, SS
3. Odubel Herrera, CF
4. Maikel Franco, 3B
5. Ryan Howard, 1B
6. Cameron Rupp, C
7. Cody Asche, LF
8. Aaron Altherr, RF
9. Adam Morgan, P

Matt Kemp, who sat last night, returns to the Braves' lineup.

1. Ender Inciarte, CF
2. Adonis Garcia, 3B
3. Freddie Freeman, 1B
4. Matt Kemp, LF
5. Tyler Flowers, C
6. Dansby Swanson, SS
7. Mallex Smith, RF
8. Daniel Castro, 2B
9. Mike Foltynewicz, P

Radko Gudas shooting pucks, 'pretty close' to 100 percent

Radko Gudas shooting pucks, 'pretty close' to 100 percent

VOORHEES, N.J. — Injured Flyers defenseman Radko Gudas is getting closer to returning to game action.

Gudas, recovering from a fractured right wrist (his shooting hand), has been cleared to shoot pucks for the past couple of days and was shooting and hitting in practice Wednesday at Flyers Skate Zone. He has yet to play in a preseason game but said he’s “pretty close” to 100 percent.
 
“I can’t say it’s really 100 percent, but it’s getting there soon,” Gudas said following practice.
 
“There’s a lot of time for me to get in top, game-like shape. There’s not a chance I would miss the start of the season.”
 
Gudas said the most important aspect of the healing process is keeping it stable by wearing a brace to limit too much movement.
 
“It’s better. I’m shooting on it in practice — feels better every day,” he said. “I’m working on a lot of it every day with the strength guys and the doctors here. We’re going day to day, I’m seeing myself sooner than later jumping on the ice.”
 
The second-year Flyer would like to play in preseason games before the start of the regular season but also understands the importance of not rushing to avoid costing him regular-season games.
 
“That’s the main part — feeling pain-free,” Gudas said. “Throughout the season, there’s not a lot of time off so we need to make sure everything is the best it can be before the season starts.
 
“Obviously it’s going to be the coaches’ decision when to put me in. I’m sure they’re talking with the staff for when would be the proper time.”
 
The 26-year-old Gudas signed a four-year contract extension in June after playing a career-high 76 games and recording 14 points (five goals, nine assists) in 2015-16.
 
After practice, Flyers head coach Dave Hakstol did not have an update on Gudas or defenseman Nick Schultz, who was shaken up Tuesday night.
 
“Everybody wants to play at least a game or two before the season,” Gudas said. “I don’t think it needs to be said.
 
“He wants to have me ready and I want to be ready.”