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Monday, August 17, 2009
Alito on the Baseball Antitrust "Exemption"

In 2008, Justice Alito gave a speech to the Supreme Court Historical Society on Major League Baseball's antitrust status, as Howard and Ed Edmonds discussed here and here. Justice Alito's remarks have now been published in the Journal of Supreme Court History, and are available on-line.


A quick scan of the article still leaves my original post as a critique. The article does not discuss both aspects of Holmes's opinion - the interstate commerce point and the personal effort/trade point. To quote from the opinion: "That to which it is incident, the exhibition, although made for money would not be called trade or commerce in the commonly accepted use of those words. As it is put by the defendants, personal effort, not related to production, is not a subject of commerce." It is the second sentence that deserves more attention. Justice Alito mentions the long briefs that were submitted in the case. Counsel goes into great detail and quotes from a number of cases that held that the focus of the Sherman Act was on the production of goods not personal effort. Justice Alito, however, concentrates on the interstate commerce aspect of the case, and this is what nearly everyone who has written about Federal Baseball has done. I guess I really need to write my article that details my thesis.

Blogger Ed Edmonds -- 8/18/2009 11:38 AM  

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