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Tuesday, April 01, 2008

Supreme Court granted certiorari today in the “Fantasy Baseball” case of CBC Distribution

And William Rehnquestec calls ‘em as he sees them…

The U.S. Supreme Court granted certiorari today in the “Fantasy Baseball” case of CBC Distribution v. Major League Baseball Advanced Media. The suit is remarkable not only for the First Amendment and right to publicity issues that form the basis of the dispute, but because Justices John Paul Stevens, Samuel Alito and Stephen Breyer recused themselves due to their participation in a fantasy baseball league comprised of current and past court personnel. Justices Antonin Scalia and Ruth Bader Ginsburg, who also participate in the league, declined to disqualify themselves, exposing a non-ideological split in the court on the issue of when justices should step aside when conflicts appear.

...Neither Justice Scalia or his teammate Justice Ginsburg—who came of age in Brooklyn during the late 40s and 50s of the storied Dodgers, and who wrote the court’s opinion in U.S. v. Cleveland Indians—will step aside, however, despite their participation in the league and the law’s straightforward language. Scalia had famously failed to to recuse himself in a 2004 case involving his friend and hunting partner Vice President Dick Cheney. He wrote, “If it is reasonable to think that a Supreme Court Justice can be bought so cheap, the Nation is in deeper trouble than I had imagined.”

 

Repoz Posted: April 01, 2008 at 07:03 PM | 22 comment(s) Login to Bookmark
  Tags: fantasy baseball

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   1. Gamingboy Posted: April 01, 2008 at 07:24 PM (#2726558)
I demand to know who won the Supreme Court fantasy league last year, and I demand to know NOW.
   2. Shredder Posted: April 01, 2008 at 07:24 PM (#2726559)
He wrote, “If it is reasonable to think that a Supreme Court Justice can be bought so cheap, the Nation is in deeper trouble than I had imagined.”
Shorter Scalia: What exactly do you mean by "appearance"?
   3. Xander Posted: April 01, 2008 at 07:31 PM (#2726564)
MLBAM is going to get this overturned. Is this the first publicity rights case to reach the SC since Zacchini?
   4. Answer Guy. Posted: April 01, 2008 at 07:42 PM (#2726575)
Quite possibly bad news for anyone who plays fantasy sports of any kind.
   5. Swedish Chef Posted: April 01, 2008 at 07:45 PM (#2726581)
Quite possible not to be taken too seriously.
   6. Zonk Can Sell Culture Posted: April 01, 2008 at 07:49 PM (#2726585)
This is all part of Scalia's evil plan to price the world famous Helton Skelters franchise out of the fantasy baseball market.
   7. bibigon Posted: April 01, 2008 at 07:50 PM (#2726587)
MLBAM is going to get this overturned. Is this the first publicity rights case to reach the SC since Zacchini?


Why do you expect this to be overturned?
   8. Adam S Posted: April 01, 2008 at 07:54 PM (#2726591)
This is quite brilliant. Puts Virgle and Google Standard Time in the shade.
   9. Answer Guy. Posted: April 01, 2008 at 07:57 PM (#2726598)
Why do you expect this to be overturned?


It takes four Justices to grant certiorari. By itself that means little - it could mean that there are four justices who just want this settled. In practical terms, though, the Supremes are (generally) happy to let things sit if they agree with the result. Which could mean that the lower court gets affirmed 5-4, though the four they won't bring up the issue if they think they're going to lose 5-4. (This doesn't necessarily apply to circuit splits, but I don't know of any active splits here.)

I don't actually know the rule behind the recusal thing as to whether a Justice who plans on recusing him/herself can vote for cert or not.

It's certainly reasonable to expect MLBAM could get this overturned.
   10. Jack Keefe Posted: April 01, 2008 at 08:00 PM (#2726601)
That is nothing Al I belong to a Fantasy Supreme Court made up of current and past Chicago White Sox.
   11. Worrierking Posted: April 01, 2008 at 08:07 PM (#2726613)
Is your dissent ready, Justice Ginsburg?

Hold on a minute, I'm on Yahoo putting Kazmir on the DL. You think Tom Gordon might get a few saves while Lidge is out?
   12. bibigon Posted: April 01, 2008 at 08:34 PM (#2726640)
Oh goddam it. I hate April fools.
   13. The Anthony Kennedy of BBTF (Scott) Posted: April 01, 2008 at 10:33 PM (#2726728)
man, this would have been awesome if true. i would have followed this closer than i've followed Parker and the REAL ID case.
   14. Esoteric Posted: April 01, 2008 at 10:47 PM (#2726740)
I gotta say...I was genuinely suckered on this one. Well done.
   15. Exploring Leftist Conservatism since 2008 (ark..) Posted: April 01, 2008 at 11:24 PM (#2726790)
What a relief. The idea of this Supreme Court deciding anything important makes me queasy.
   16. Law Boy Posted: April 02, 2008 at 12:57 AM (#2726973)
I might have been suckered earlier in the day, but somehow I can't imagine the Supremes being so into fantasy other than their decision in Bush v. Gore.
   17. Exploring Leftist Conservatism since 2008 (ark..) Posted: April 02, 2008 at 02:43 AM (#2727274)
There's that. Never underestimate your activist, right-wing judges.
   18. Mark R. Garber Posted: April 02, 2008 at 02:55 AM (#2727295)

There's that. Never underestimate your activist, right-wing judges.


Another conservative statement from the 21st century's William F. Buckley.
   19. Exploring Leftist Conservatism since 2008 (ark..) Posted: April 02, 2008 at 03:08 AM (#2727323)
I'm deeply honored, Joe. Though I do try to do without Bill's excesses, such as suggesting we tattoo people diagnosed with AIDS, defending Joe McCarthy, opposing the Civil Rights Acts, and suggesting that whites might well be forgiven violence in defense of segregation.
   20. Astro Logical Sign Stealer Posted: April 02, 2008 at 04:06 AM (#2727434)
Hooray for the ignore list!
   21. Exploring Leftist Conservatism since 2008 (ark..) Posted: April 02, 2008 at 04:08 AM (#2727437)
Hooray for the ignore list!


I put it up there with butter on popcorn, water after sex, and the invention of base ball.
   22. Maury Brown Posted: April 02, 2008 at 04:25 AM (#2727463)
This was a good one. Knew it was a April Fools joke because less than a week ago we reported: Fantasy Stats: CBC Gets 32 More Days To Oppose Review.

That, and it was on a personal injury blog. This guy was very good. The one thing that should have caught the baseball scholars amongst us... "Siddhartha Finch"... Sidd Finch.

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