Finally, something that I can support. Finally, a great idea from Ted Cruz and Mike Lee. And, finally, a great idea is resurrected by two of the stupidest Senators to ever serve.
This is basic conservative ideology in 2021. The government should pick who wins and who loses. And unless you do what Republicans want, you're going be a loser. It's as if Cruz and Lee forgot that they are in the minority and can't do jack shit. It's all posturing and preening for the rubes. This is about shaking money out of the tree and nothing more. Helluva way to represent your constituents.
Revoking Major League Baseball's anti-trust exemption would go against the precedents established by the Supreme Court and foul up the sport's ability to run things the way that it has always run things. It would be a massive advance for labor rights, for example. So, if Cruz and Lee want to do that, hey, have at it.
In its one-paragraph opinion, the Toolson Court provided two main justifications for maintaining baseball’s antitrust immunity. First, the majority noted that Congress had been aware of the Federal Baseball ruling for 30 years, but yet had not taken any steps to apply the antitrust laws to MLB. Indeed, Congress had just held extensive hearings regarding baseball’s antitrust status about a year before the Toolson case reached the Supreme Court, hearings that concluded without the passage of any legislation subjecting MLB to the Sherman Act. This suggested the legislature may have intended for baseball to remain protected from antitrust law.
Second, the Court feared that any decision reversing baseball’s antitrust immunity would unfairly subject the sport to retroactive liability, holding MLB legally accountable for activity that it had reasonably believed was beyond the scope of the antitrust laws. Because any monetary damages in federal antitrust suits are tripled, the Court may have even feared that MLB could potentially be driven into bankruptcy if countless current and former players affected by the reserve clause were freed to file their own antitrust lawsuits against the league. In light of Congress’s inaction and these retroactivity concerns, the Toolson opinion closed by declaring that any change to baseball’s antitrust exemption should come from the legislature, not the judiciary.