Hats off to Ninth Circuit Judge Sidney R. Thomas, who summed it up perfectly in his dissenting opinion in United States v. Comprehensive Drug Testing, Inc., which was handed down 10 days ago:
I couldn't have said it better myself....In discussions of the use of alleged use of steroids by baseball players, much is made about “the integrity of the game.” Even more important is the integrity of our legal system. Perhaps baseball has become consumed by a “Game of Shadows,”21 but that is no reason for the government to engage in a “Prosecution of Shadows.” The district judges were entirely right to order the government to return the thousands of private medical records it wrongfully seized by use of pretext and artifice.
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