Professional baseball has long enjoyed exemption from federal antitrust law due to a trio of Supreme Court cases. The last of these cases, Flood v. Kuhn, upheld the exemption on the basis of stare decisis, yet rejected the constitutional foundation on which it rested. This Comment argues that in the wake of the recent Supreme Court case, Dobbs v. Jackson Women’s Health Organization, the Roberts Court has provided a clear analytical framework for analyzing constitutional stare decisis that should apply to Flood. Applying the Dobbs framework, this Comment then shows how Flood fails every factor favoring continued stare decisis protection and should be overturned.
Matthew B. Couch, A Called Third Strike: Professional Baseball’s Antitrust Exemption in a Post-Dobbs World, 45 Campbell L. Rev. 289 (2023).