No. 17-1079 IN THE Supreme Court of the United States ———— JORDAN WYCKOFF, DARWIN COX, INDIVIDUALLY AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED, Petitioners, v. OFFICE OF THE COMMISSIONER OF BASEBALL, ET AL., Respondents. ———— On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit ———— BRIEF IN OPPOSITION TO PETITION FOR A WRIT OF CERTIORARI ———— ELLIOT R. PETERS Counsel of Record JOHN W. KEKER KEKER, VAN NEST & PETERS, LLP 633 Battery Street San Francisco, CA 94111 (415) 391-5400
[email protected] Counsel for Respondents April 16, 2018 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 QUESTION PRESENTED For nearly a century, this Court has consistently held that the business of baseball is exempt from antitrust scrutiny. Petitioners allege that Respondents impermissibly restricted the labor market for baseball scouts, but do not contest that the challenged conduct falls within the business of baseball. Because there is no argument that the lower courts misapplied this Court’s precedent, and the circuit courts all agree on the baseball exemption’s scope, this case does not merit the Court’s review. But if this Court were to conclude that review is appropriate, the question presented would be as follows: Whether, despite decades of Congressional accept- ance that the “business of baseball” is exempt from antitrust regulation, this Court should overrule Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs, 259 U.S. 200 (1922); Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953); and Flood v.