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Baseball in the Eighth Circuit

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Baseball in the Eighth Circuit “Judges are like umpires.... And I will remember that it’s my job to call balls and strikes.” Chief Jusce [then Judge] John G. Roberts, Confirmaon Hearing on the Nominaon of John G. Roberts, Jr. To Be Chief Jusce of the United States, Senate Judiciary Commiee, 109th Cong. 55 (September 12, 2005) Baseball is as American as the red, white, and blue flag. As a naonal pasme, it’s a part of our society’s fabric, changing over the years and reflecng the mes—from home‐grown teams to professional franchises, Baseball’s Unofficial Anthem from contractual bondage to free agency, from discriminaon to inclusion. Take me out to the ball game, Take me out with the crowd; Yet it has provided a constant. No maer the troubled me—world wars, Buy me some peanuts and Cracker Jack, Great Depression, naonal disasters—baseball has been there to give us I don't care if I never get back. something to cheer about. Baseball’s unofficial anthem (right) describes Let me root, root, root for the home team, the American relaonship with the sport. If they don't win, it's a shame. For it's one, two, three strikes, you're out, The Eighth Circuit enjoys a rich role in baseball’s history. We are home to major and minor league teams and a host of Hall of Fame players. We are At the old ball game. the birthplace of the Negro Leagues and home to the Minneapolis (Lyrics by Jack Norworth, 1908) Millerees, a 1944 team in the All‐American Girls Professional Baseball League. And we are the soil of the modern farm system developed by Cardinals field manager Branch Rickey in 1919 to train players in minor St. Louis Browns playing the Chicago Cub in St. Louis ballpark, Robison Field, 1907 leagues for the majors. (Chicago Daily News collecon, Chicago History Museum; Library of Congress) Major and Minor League Teams in the 8th Circuit Professional teams have come and gone here since the 1800s, while some have stayed. The Eighth Circuit is currently home plate to three major league and nine minor league teams. Major League Teams Currently in 8th Circuit Team’s History St. Louis Cardinals, 1900–present St. Louis Perfectos, 1899; St. Louis Browns, 1892– 1898; St. Louis Browns (AA), 1883–1891; St. Louis Brown Stockings (AA), 1882* Minnesota Twins, 1961–present Washington Senators, 1901–1960 Kansas City Royals, 1969–present *Disambiguaon: The first St. Louis Brown Stockings were members of the Naonal Associaon in 1875 and charter members of the Naonal League in 1876–77 before folding. The Milwaukee Brewers moved to St. Louis in 1902, renaming themselves the St. Louis Browns. In 1954 they moved to Balmore to become the Orioles. Minor League Teams Currently in 8th Circuit MinorLA = Minor league affiliaons, MajorLA = Major league affiliaons ARKANSAS Arkansas Travelers, 1895–present Cedar Rapids Kernels, 1890–present Quad Cies River Bandits, 1960–present Lile Rock, Arkansas Cedar Rapids, Iowa Davenport, Iowa Double‐A (1966–present) Single‐A (1890–present) Single‐A (1960–present) MinorLA: Texas League (1966–present), North MinorLA: Midwest League (1962–present), MinorLA: Midwest League (1960–present), Division Western Division Western Division MajorLA: Los Angeles Angels of Anaheim (2001– MajorLA: Los Angeles Angels of Anaheim (1993– MajorLA: St. Louis Cardinals (2005–present) present) present) MISSOURI Northwest Arkansas Naturals, 1976–present Clinton LumberKings, 1954–present Springfield Cardinals, 2005–present Springdale, Arkansas Clinton, Iowa Springfield, Missouri Double‐A (1987–present) Single‐A (1954–present) Double‐A MinorLA: Texas League (1987–present), North MinorLA: Midwest League (1954–present), MinorLA: Texas League (2005–present), North Division Western Division Division MajorLA: Kansas City Royals (1995–present) MajorLA: Seale Mariners (2009–present) MajorLA: St. Louis Cardinals (2005–present) IOWA Iowa Cubs, 1969–present NEBRASKA Burlington Bees, 1924–present Des Moines, Iowa Omaha Royals, 1969–present Burlington, Iowa Triple‐A (1969–present) Omaha, Nebraska MinorLA: Midwest League (1962–present), Western MinorLA: Pacific Coast League (1998–present), Triple‐A (1969–Present) Division American Conference ‐ North Division MinorLA: Pacific Coast League (1998–Present), MajorLA: Kansas City Royals (2001–present) MajorLA: Chicago Cubs (1981–present) American Conference ‐ North Division MajorLA: Kansas City Royals (1969–Present) Judges seem to have an affinity for baseball. According to Ross E. compliance with sportsman‐like behavior, much as laws are wrien Davies, law professor at George Mason University, federal and to ensure compliance with good societal behavior. state judicial opinions refer to baseball more than any other sport (Baseball Research Journal, Fall 2009). Supreme Court Jusces share a well‐storied devoon to baseball. Eighth Circuit Jusces Alito and Blackmun are no excepon. Perhaps it’s because baseball and Anglo‐American law share English roots. Baseball began in England as a gentlemen’s sport The Eighth Circuit’s judges are fans too. In fact, among our judges with a sense of fair play and jusce. Rules were wrien to ensure are former professional baseball players and relaves of the greats. 8th Circuit Justices 8th Circuit All Stars Eighth Circuit Jusce Samuel Alito, a long‐me Philadelphia Eighth Circuit Phillies fan, once dreamed of Court of Appeals being baseball commissioner. Judges Richard S. His chambers is decorated and Morris S. with Phillies memorabilia, Arnold are first including a replica of the cousins to Connie Phillies’ 2008 world Mack III, grandson championship flag. In 1994 he of baseball legend aended Phillies Phantasy Connie Mack Camp where he got to play (1862–1956). ball with Phillies players and They are related was awarded the Silver Glove through Morris Award as the best fielder in Sheppard, U.S. aendance. Senator from Alito baseball card from Texas from 1913– Phillies Phantasy Camp 1941 and Eighth Circuit Jusce Harry grandfather to the three. Blackmun of Minnesota was Above: Connie Mack, 1887 (Library an avid Minnesota Twins fan. of Congress) Above right: Judge Richard S. He authored Flood v. Kuhn, Arnold famous for its senmental Right: Judge Morris S. Arnold tribute to baseball which chronicles the sport’s history and names many of the U.S. District Judge Jimm Larry greats. As the dra opinion Hendren, Western District of was circulated among the Arkansas, was a minor league jusces, they noted which of catcher in the St. Louis Cardinal their favorites had been Organizaon at Keokuk, Iowa; omied. To sasfy his Daytona Beach, Florida; and colleagues, Blackmun revised Dothan, Alabama. the list to 88 names. Aer the opinion was published, an astute law clerk pointed out In honor of Flood v. Kuhn, Green Bag editors that the New York Giants’ U.S. Bankruptcy Judge Kathy Surra‐ fashioned Blackmun’s bobblehead with bat and ball and a baseball cap in the Twin’s Mel O was missing. States, Eastern District of Missouri, is a colors. Blackmun exclaimed, “I’ll cousin to Alfred "Slick" Surra. Slick was Among Blackmun’s never forgive myself.” an ouielder for the Kansas City Monarchs judicial papers is a note from 1949–1951 passed supposedly from under Buck O’Neil Jusce Poer Stewart, a and was chosen to devoted Cincinna Reds barnstorm with fan, to Blackmun during Satchel Paige. He was oral argument the week also one of the of the Naonal League original founders of playoffs in 1973: “V.P. the Negro Leagues Agnew just resigned!! Baseball Museum in Mets 2, Reds 0.” Kansas City. It has been said that baseball rules are like statutes, the strike zone is like the Constuon, and judges are like umpires. “Judges are like “While not rules of umpires.... And I will “It’s like the Constuon….The strike zone law or equity, baseball remember that it’s my is a living, breathing document.” rules are like penal Umpire Gary Cederstrom job to call balls and statutes, specifying strikes.” offenses and Umpire Tim Tschida on the strike zone, seemingly corresponding well‐defined in the baseball rulebook: punishments.” “What it says is very clear. And we’ve Chief Jusce [then Judge] John G. Roberts, sll been fighng for 25 or 30 years Confirmaon Hearing on the Nominaon of John G. Roberts, Jr. To Be Chief Jusce of the over what it means.” Jared Tobin Finkelstein, Commentary, In United States, Senate Judiciary Commiee, Bruce Weber, The Deciders: Umpires v. Judges, N.Y. Times, July 12, re Bre: The Scky Problem of Statutory 109th Cong. 55 (September 12, 2005) 2009 Construcon, 52 Fordham L. Rev. 430, 435 (1983‐1984) Background images in quote boxes above courtesy of Chicago Daily News collecon, Chicago History Museum; Library of Congress. Judges from the Eighth Circuit made these major “calls” in federal baseball law. Flood v. Kuhn, 407 U.S. 258 (1972) St. Louis Cardinals centerfielder Curt Flood was nofied that he had been traded to the Philadelphia Phillies in 1969. He peoned Baseball Commissioner Bowie Kuhn to be made a free agent but was denied his request. Flood filed an antrust suit against Kuhn that went to the Supreme Court. It challenged the Major League Baseball’s reserve system which enabled ball clubs to “reserve” their players under a perpetual series of one‐year contracts. Jusce Blackmun, formerly of the Eighth Circuit and wring for the Court, conceded that baseball’s longstanding antrust exempon was Sample fantasy baseball site, fanduel.com, visited July 20, 2010. anomalous with other sports but upheld the exempon as judicially imposed in Federal Baseball Club of Balmore, Inc. v. Naonal League C.B.C. Distribuon and Markeng, Inc., v. Major of Professional Baseball Clubs, Inc., 259 U.S. 200 (1922) and Toolson v. League Baseball Advanced Media, 505 F.3d 818 New York Yankees, Inc., 346 U.S. 356 (1953). He declared that only (2007) and 443 F.Supp.2d 1077 (2006) Congress could end it.
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