Good work by Justice Stevens

who wrote the opinion for the Supreme Court’s unanimous decision in American Needle v. NFL. It was an interesting case, turning on the question of whether the NFL is a single corporate entity or a collection of competing corporations, and one with potentially huge ramifications. Had the Court upheld the NFL’s claim and allowed them to act as a single corporation, it would have been an immense transfer of power to the NFL which probably would have drastically weakened the players’ union; but in denying that claim (as they did, and rightly) there was the potential to significantly weaken the league. Justice Stevens’ ruling, from what I can see, did an excellent job of maintaining the necessary balance, laying a clear legal foundation for the NFL as a collection of competing corporations which must by the very nature of their business act cooperatively and collectively in much of what they do. As Doug Farrar sums it up,

Stevens basically said that the Supreme Court, and any other Court, would test function rather than form and avoid absolute impingement of any collective activity taken on by the teams,. But any act in concert with an eye on the evasion of antitrust law would not be allowed or exempted. In effect, as Berthelsen intimated in his statement, the NFL must operate under the same constraints as almost any other business. It was a sound and reasoned ruling that penalized neither side.

Nice job of threading the needle, that.

Posted in Judiciary, Kudos, Sports and culture.

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