Oh, I forgot about this one, Federal Baseball Club v. National League. This is jumping way ahead, from 1903 to 1922 but it’s just the strangest decision. Like Buck v Bell you just scratch your head. What was the man thinking? I’m not treating it here just noting it. Major League Baseball does not implicate interstate commerce, huh? 🙄 God, Holmes. It’s because of this ludicrous opinion that MLB—ALONE of the four major American professional leagues—has antitrust exemption under the Sherman Act.
Said later Supreme Court Justice Neil Gorsuch in 2016, Federal Baseball is one of the,
“precedential islands [that] manage[s] to survive indefinitely even when surrounded by a sea of contrary law…. [that] would never expand but would, if anything, wash away with the tides of time".
[6]*
*As, it was hoped, slavery, if nothing was done about it, would wash away in 25 or 50 years at the start of the Civil War.