The 2003 steroid list should never have existed in the first place

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That’s what the 9th District Court of Appeals said yesterday anyway:

The federal government illegally seized confidential drug test results of dozens of Major League Baseball players and must now return the records, a federal appeals court ruled Wednesday.

“This was an obvious case of deliberate overreaching by the government in an effort to seize data” it was not entitled to have, Judge Alex Kozinski wrote for an 11-judge panel of the 9th Circuit U.S. Court of Appeals.

And of course, if there was no illegal seizure, there would be no “list” and if there was no list there would be no leaks like we’ve recently had.

As I’ve said before, It was already ridiculous for people to call for “all the names to be released” given that doing so would be to violate a federal court order. It’s even more ridiculous now that the list’s very existence has been confirmed to be premised on the government’s violation of the Constitution in obtaining it. Of course, that doesn’t stop some folks, in this case the Associated Press’ Tim Dahlberg, from continuing to get it all wrong:

Yes, in a perfect world certain names wouldn’t be made public while other names remain secret. But in a perfect world baseball players wouldn’t have used concoctions whipped up in a lab to make a mockery of the records that the game used to hold so sacred. So don’t feel too sorry for A-Rod and company just yet.

How it is that people continue to think of baseball’s PED rules — which, at their heart, are no different from the work rules in your employee manual — are more important than the Constitutional rights of Americans is beyond me, but there you have it. Don’t feel sorry for A-Rod that he was betrayed by his union and fell victim to illegal acts by government agents! He was ‘roiding, and we all have a right to know about that!

Of course oftentimes justice delayed is justice denied, and that’s certainly what we have here. Because years passed between the seizure and the court’s final ruling of its illegality, the list was able to be created and the leaks able to be leaked. In light of that, yesterday’s ruling is of little practical help to the ballplayers’ whose names appear there. Someone still knows the names, and given that they’ve already leaked some of them in violation of a court order, there is no reason to believe that this ruling will stop them from continuing to do so.

Hopefully, however, we will all have a new appreciation for just how outrageous such leaks are, and treat the inevitable release of additional names with an appropriate level of skepticism and disdain.

Mitt Romney’s sons are trying to buy a stake in the Yankees

TAMPA, FL - AUGUST 30:  Tagg Romney son of Republican presidential candidate, former Massachusetts Gov. Mitt Romney gives an interview during the final day of the Republican National Convention at the Tampa Bay Times Forum on August 30, 2012 in Tampa, Florida. Former Massachusetts Gov. Mitt Romney was nominated as the Republican presidential candidate during the RNC which will conclude today.  (Photo by Chip Somodevilla/Getty Images)
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Mitt Romney built his professional life in Massachusetts and was once the governor of the state. As such, it is not surprising that he has long identified as a Red Sox fan. So this has to be troubling to him from a fan’s perspective. From Jon Heyman:

The Romney family is bidding to buy a small stake in the Yankees months after their try for the Marlins stalled. If the deal goes through, it is expected to be $25 million to $30 million per percentage point and thought to be interested in one or two percentage points. The Yankees are valued around $3 billion or more.

The effort is being led by Mitt’s son Tagg, one of his brothers and their business partners. Mitt’s spokesman tells Jon Heyman that he has nothing to do with it personally. Tagg Romney is reported to have been planning a bid for controlling interest in the Marlins, but that has fallen through.

I find this interesting insofar as the M.O. for the Steinbrenners has, for years, been to buy out minority shareholders in the Yankees, not seek more. Indeed, when George Steinbrenner bought the Yankees back in 1973 he held just a bare controlling interest and there were a ton of silent partners, most of which were back in Ohio and knew Steinbrenner from his shipping business. I’ve personally gotten to know some of them over the years as there are a handful of them in Columbus and I crossed paths with them in my legal career. They have almost all been bought out in the past couple of decades. They still get season tickets and World Series rings and stuff. You can tell them by their personalized Yankees plates and the fact that, within the first ten minutes of meeting them, they will tell you that they once owned a piece of the Yankees but got pushed out.

In light of all of that it’s interesting that the Steinbrenners are once again accepting bids for small stakes in the team. Especially from someone whose interest in controlling the Marlins suggests that they do not consider it to be a mere vanity investment. Makes me wonder what the Steinbrenners’ long term plans are.

Max Scherzer still can’t throw fastballs

WASHINGTON, DC - OCTOBER 13: Max Scherzer #31 of the Washington Nationals works against the Los Angeles Dodgers in the fifth inning during game five of the National League Division Series at Nationals Park on October 13, 2016 in Washington, DC. (Photo by Rob Carr/Getty Images)
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The Nationals will be many people’s favorites in the NL East this season. Not everything is looking great, however. For example, their ace — defending NL Cy Young winner Max Scherzer — can’t even throw fastballs right now.

The reason: the stress fracture he suffered last August is still causing him problems and Scherzer is unable to use his fastball grip without feeling pain in his right ring finger. He will throw a bullpen session tomorrow, but will only use his secondary stuff.

Scherzer has not been ruled out for Opening Day — the fact that he is throwing some means that his timetable isn’t totally on hold — but you have to figure, at some point, not being able to air things out and use his heater will lead to some problems in his spring training routine.