Supreme Court of the United States
Flood v. Kuhn et al.
Certiorari to the United States Court of Appeals for the Second Circuit
No. 71-32. Argued: March 20, 1972 --- Decided: June 19, 1972
Petitioner, a professional baseball player "traded" to another club without his previous knowledge or consent, brought this antitrust suit after being refused the right to make his own contract with another major league team, which is not permitted under the reserve system. The District Court rendered judgment in favor of respondents, and the Court of Appeals affirmed.
Held: The longstanding exemption of professional baseball from the antitrust laws, Federal Baseball Club v. National League, 259 U.S. 200 (1922); Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953), is an established aberration, in the light of the Court's holding that other interstate professional sports are not similarly exempt, but one in which Congress has acquiesced, and that is entitled to the benefit of stare decisis. Removal of the resultant inconsistency at this late date is a matter for legislative, not judicial, resolution. Pp. 269-285.
443 F. 2d 264, affirmed.
BLACKMUN, J., delivered the opinion of the Court, in which STEWART and REHNQUIST, JJ., joined,, and in all but Part I of which BURGER, C.J., and WHITE, J., joined. BURGER, C.J., filed a concurring opinion, post, p. 285. DOUGLAS, J., post, p. 286, and MARSHALL, J., post, p. 288, filed dissenting opinions, in which BRENNAN, J., joined. POWELL, J., took no part in the consideration or decision of the case.
Arthur J. Goldberg argued the cause for petitioner. With him on the briefs was Jay H. Topkis.
Paul A. Porter argued the cause for respondent Kuhn. Louis F. Hoynes, Jr., argued the cause for respondents Feeney, President of National League of Professional Baseball Clubs, et al. With them on the brief were Mark F. Hughes, Alexander H. Hadden, James P. Garner, Warren Daane, and Jerome I. Chapman.