San Jose Newsbeat
Friday, April 17, 2015
Leading off…..Roberts…..John Roberts….
For the first time in four decades, the U.S. Supreme Court will have an opportunity to reconsider baseball’s notorious exemption from antitrust law. On Wednesday, the city of San Jose, California filed an appeal with the nation’s highest court, asking it to overturn professional baseball’s nearly century-old immunity from the Sherman Antitrust Act.
The appeal is the latest step in the litigation surrounding the Oakland A’s proposed move to San Jose. Back in 2013, the city sued Major League Baseball claiming that the league’s failure to approve the A’s relocation violated federal antitrust law. The district court dismissed the lawsuit later that same year, concluding that baseball’s exemption shielded MLB’s relocation decisions from antitrust scrutiny. That decision was upheld earlier this year by the Ninth Circuit Court of Appeals.
While these lower courts were constrained by a series of Supreme Court precedents exempting baseball from the Sherman Act, the Supreme Court itself is not bound to follow the prior rulings. So San Jose is asking the Court to seize this opportunity to overturn baseball’s highly controversial antitrust immunity. Like any appeal to the U.S. Supreme Court, however, the odds that the Court will agree to take San Jose’s appeal are rather slim.
San Jose is hoping to convince the Supreme Court to take the case by arguing that baseball’s antitrust exemption is an outdated doctrine that is harming the public interest in a variety of ways. In its Petition for A Writ of Certiorari – the formal name of an appeal to the Supreme Court – the city argues that none of the original legal justifications for the exemption remain.
SAN JOSE—With a simple toss from about 15 feet away, Bryan Stow brought a huge roar from the crowd Thursday night before the San Jose Giants home opener. Stow, the Giants fan who was nearly beaten to death four years ago outside Dodger Stadium, reached a major milestone in his recovery when he threw out the ceremonial first pitch. He did so while enjoying every minute of his special night.
Tuesday, February 10, 2015
A look at San Jose’s appeal to the Supreme Court, touching on the history of MLB’s anti-trust exemption, as well as the baseball background of some of the current Justices:
Justice Sonia Sotomayor is famously a Yankees fan — “You can’t grow up in the South Bronx without knowing about baseball,” she once said — who has thrown out the first pitch at a game and had the team bring the World Series trophy to her Supreme Court chambers. For her Christmas present this past year, Sotomayor’s younger brother Juan commissioned a painting of three Latino former Yankees — Bernie Williams, Jorge Posada and Mariano Rivera.
But the other justices may be pikers compared with Justice Samuel A. Alito Jr., a diehard devotee of the Philadelphia Phillies. In a two-part (!) interview with a Philadelphia Daily News sportswriter in 2010, Alito displayed an encyclopedic knowledge of his team and remembered how Breyer had arranged for the team’s mascot, the Phillie Phanatic, to show up for Alito’s welcome dinner to the Supreme Court.
When Alito was 44, his wife sent him to Phillies Dream Week, the training camp for aging fans, where he turned a double-play and received the award as best fielder. “By the end of the week every single person there, I think without exception, had pulled his hamstring,” Alito said.
Justices posting at BBTF? Probably none.
The Yankee Clapper
Posted: February 10, 2015 at 08:41 AM | 8 comment(s)
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Friday, January 16, 2015
In a unanimous ruling, the 9th U.S. Circuit Court of Appeals rejected San Jose’s claims that baseball’s refusal to allow the A’s to move to a downtown ballpark violates federal antitrust laws. The appeals court concluded that baseball’s nearly century-old exemption from antitrust laws forecloses San Jose’s legal case.
“Like Casey,” 9th Circuit Judge Alex Kozinski wrote, “San Jose has struck out here.”
San Jose says it will appeal to the Supreme Court.
The Yankee Clapper
Posted: January 16, 2015 at 02:29 AM | 27 comment(s)
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for his generous support.
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