The federal prosecutors who just got their butts handed to them in the BALCO steroid test seizure case have asked the appeals court to stay the ruling. For those of you who were smart enough to stay the hell away from law school, that means that they want the court to order that no one, including baseball, the lawyers, the lower courts, etc., destroy the steroid test list. They’ve asked for this because, presumably, they plan to appeal to the United States Supreme Court. Or they just want to buy time. Either way, it’s a fairly routine move.
Two questions, though:
1. The feds, generally speaking, don’t like it when courts tell them that they can’t seize anything they want to seize. As it stands now, only one part of the country — the part that lives in the 9th Circuit — is subject to the more restrictive law that came down last week. Do the feds really want to risk having that decision affirmed by the Supreme Court and have it apply to the whole country?
2. How funny would it be if people ignored a stay order issued by the court and started destroying the lists? After the sealing order has been ignored and the names of A-Rod, Ortiz, Sosa and Manny leaked, how could the feds possibly be heard to complain?
We now return you to your regularly-scheduled baseball blogging.