The legal battle over the 2003 steroids list continues to drag on

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The fellow to the right is Jeff Novitzky, the controversial federal agent who in 2004 led the raid on a drug lab that the 9th Circuit Court of Appeals has ruled violated the constitutional rights of the baseball players who took drug tests during the 2003 steroid survey. That ruling came after a previous, smaller panel of the same court weighed in. Which itself came a couple of years after the trial court weighed in.  In other words, this thing has been dragging on forever.

Forever is about to get longer, though, because now the court is asking Players Association and the government whether an even larger, damn nigh unprecedented panel of appeals court judges should weigh in on the issue. The the court things that all 27 — yes, 27 — judges should hear the case, the thing could drag on for another two years. And that’s before the U.S. Supreme Court gets a chance to weigh in.

From a legal perspective it blows my mind that the court is so uncomfortable with its ruling — a ruling that says that the government can’t waltz into your doctor’s office with a search warrant for a specific patient’s records and walk out with the medical records of you and and your kids and your aunt Tilly and everyone.  This seems pretty basic to me, but to the extent I’m wrong and it’s not basic, it’s something that the U.S. Supreme Court is going to have to rule on anyway, so why not get it to them sooner rather than later?

From a steroids-in-baseball perspective we stand in the same place we have stood for many years now: the court order sealing those test results remains in place, Mr. Novitzky’s seizure of the 2003 testing records currently stands as a violation the constitutional rights of players who took those drug tests, and anyone who leaks information relating to those 2003 test results is in criminal contempt of a federal court order.

But don’t let that stop Mr. Novitzky from continuing to be promoted rather than disciplined and the ignorant from demanding that the names from the famous list Novtizky created be released all the same.

Blue Jays activate Jose Bautista from the disabled list

PHILADELPHIA, PA - JUNE 16: Jose Bautista #19 of the Toronto Blue Jays flips his hat off while walking from the dugout to the clubhouse after getting injured in the seventh inning against the Philadelphia Phillies at Citizens Bank Park on June 16, 2016 in Philadelphia, Pennsylvania. (Photo by Drew Hallowell/Getty Images)
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The Blue Jays announced on Monday that outfielder Jose Bautista has been activated from the 15-day disabled list. To create room on the roster, the club designated outfielder Junior Lake for assignment and optioned 1B/OF Chris Colabello to Triple-A Buffalo.

Bautista was sidelined for five weeks dealing with turf toe, suffered when he banged his left foot against the base of the wall in right field at Citizens Bank Park. He’ll return hitting .230/.360/.455 with 12 home runs and 41 RBI in 286 plate appearances.

Neither Lake nor Colabello provided much in their time with the Jays. Colabello, who served an 80-game suspension after testing positive for a performance-enhancing drug, had just two singles, two walks, and an RBI in 32 plate appearances. Lake hit .206 with a home run in 38 PA.

Marlins showing interest in Mariners’ Miley, Phillies’ Hellickson

SEATTLE, WA - JUNE 29: Starting pitcher Wade Miley #20 of the Seattle Mariners walks off the field during a game against the Pittsburgh Pirates at Safeco Field on June 29, 2016 in Seattle, Washington. The Pirates won the game 8-1. (Photo by Stephen Brashear/Getty Images)
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Clark Spencer of the Miami Herald reported on Monday morning that the Marlins are considering Mariners starter Wade Miley as a potential upgrade to the starting rotation. Bob Nightengale of USA TODAY reported on Sunday that the Phillies were scouting the lower level of the Marlins’ minor league system in preparation of a potential trade involving starter Jeremy Hellickson.

The Marlins were already on the prowl for rotation help before putting Wei-Yin Chen on the disabled list on Sunday due to a sprained left elbow. Behind Jose Fernandez and Adam Conley, the rotation is underwhelming as Tom Koehler has a 4.42 ERA, Jose Urena 5.34, and Jarred Cosart 7.98 albeit over three starts.

Miley, 29, will earn $8.75 million next season and has a club option for the ’18 season worth $12 million with a $500,000 buyout. This year, his first with the Mariners, the lefty has posted a disappointing 5.23 ERA with a 73/33 K/BB ratio in 105 innings.

Hellickson, 29, is owed the remainder of his $7 million salary for this season and will be eligible for free agency heading into 2017. The former Rookie of the Year Award winner been a reliable innings-eater for the Phillies, posting a 3.84 ERA with a 106/27 K/BB ratio in 119 2/3 innings.