Sports
Two Washington senators want to yank MLB’s antitrust exemption
Most of the exemption has eroded over the years
Senators Take Aim at Baseball’s Legal Shield
In what could be filed under the “Washington has nothing better to do” category, two U.S. Senators want to reopen one of sports’ oldest legal debates. Utah Republican Mike Lee and New Jersey Democrat Cory Booker have renewed calls to revoke Major League Baseball’s antitrust exemption. The move targets a legal protection that many critics argue no longer fits the modern sports business. Lee and Booker frame their effort as a matter of restoring fair competition to America’s pastime.
Lee, who chairs the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, argues that baseball should operate under the same laws as every other American business. He claims MLB understands competition better than most industries and should therefore embrace it fully. Booker echoed that sentiment, saying baseball has enjoyed a “free pass” for far too long. Both senators suggest the exemption allows MLB to bend or break competition rules without consequence.
How Baseball Got Its Exemption
The roots of baseball’s unique legal status stretch back more than a century. In 1922, the U.S. Supreme Court ruled that Major League Baseball was not subject to federal antitrust laws. Chief Justice Oliver Wendell Holmes authored the opinion, declaring that baseball was a sport rather than an interstate business. That decision gave MLB a sweeping exemption that no other major professional league fully enjoys today.
The ruling stemmed from a lawsuit involving the Federal League and its Baltimore Terrapins franchise. After the Federal League collapsed in 1915, the Terrapins’ ownership sued the National and American Leagues. They argued the established leagues destroyed their business and failed to compensate them fairly. The case worked its way to the Supreme Court, where MLB prevailed.
Holmes famously wrote that baseball involved “personal effort, not related to production,” and therefore did not constitute interstate commerce. That logic ignored an obvious reality. Teams routinely crossed state lines to play games. Fans paid money. Owners profited. The sport operated as a business then, just as it does now.
A Ruling That Never Aged Well
Even at the time, the decision raised eyebrows. In the modern era, it looks absurd. Baseball generates billions of dollars annually through ticket sales, sponsorships, media rights, and merchandise. The idea that it exists outside interstate commerce no longer holds water. Many legal scholars believe the Supreme Court simply got it wrong.
Over the years, Congress and the courts have chipped away at MLB’s exemption. Labor relations and franchise relocation now face antitrust scrutiny. Still, the core exemption remains intact, setting baseball apart from the NFL, NBA, and NHL. Ironically, the Sports Broadcasting Act of 1961 grants all major leagues a limited antitrust exemption for negotiating national television contracts. That law already places MLB on similar footing with its peers in one of its most lucrative areas.
A Debate That Refuses to Die
Lee and Booker’s effort may gain headlines, but the practical impact remains uncertain. Baseball’s exemption no longer carries the sweeping power many believe it does. Still, the symbolism matters. The debate highlights how outdated legal reasoning continues to shape a modern, multibillion-dollar industry.
Baseball is not just a game. It never was. It is a business, and it always has been. More than a century later, lawmakers continue to wrestle with a ruling that never matched reality. and eventually it got to the Supreme Court and baseball got an antitrust exemption because it was a game not an interstate business even though the Brooklyn, New York Dodgers could play the Cincinnati, Ohio Reds in what was clearly an interstate business. Justice Holmes wrote that “personal effort, not related to production, is not a subject of commerce” and that baseball therefore wasn’t subject to federal regulation. Baseball on all levels is a business. More than a century ago, the Supreme Court got it all wrong.
Evan Weiner’s books are available at iTunes – https://books.apple.com/us/author/evan-weiner/id595575191
Evan can be reached at evan_weiner@hotmail.com
2025 Will Not Be Forgotten
They tell us to move on. 2025 is over. Close the book and turn the page. History, however, rarely listens to that advice.
When historians look back decades from now, 2025 will stand out for one uncomfortable reason. Gambling scandals cut across professional and collegiate sports. Major League Baseball, the NCAA, and the NBA all faced serious questions about integrity. The year exposed how deeply betting had embedded itself into sports. It also showed how little resistance existed from those who profit the most.
The games continued. The partnerships continued. The arrests did too.
Major League Baseball Faces a Direct Hit
MLB took one of the hardest blows. Cleveland Guardians pitchers Emmanuel Clase and Luis Ortiz became central figures in a federal investigation that shook the league.
In July, MLB placed both pitchers on paid administrative leave while investigators examined suspicious betting activity. In November, federal authorities arrested both players. Prosecutors allege the two began conspiring with sports bettors as early as 2023. According to the indictments, the pitchers shared advance information about specific pitches they planned to throw during games.
Bettors allegedly used that information to place prop bets totaling hundreds of thousands of dollars. The trial is scheduled for May 4, 2026. The case marked one of the most serious gambling-related scandals MLB has faced in decades.
NBA Scandals Extend Beyond the Court
The NBA did not escape the storm. Miami Heat guard Terry Rozier was placed on indefinite leave after federal authorities launched an investigation into an illegal sports betting operation.
In October, agents arrested Rozier on charges that include conspiracy to commit wire fraud and money laundering. Prosecutors allege he played a role in a betting scheme tied to manipulated outcomes.
That same month delivered another shock. FBI agents arrested Portland Trail Blazers head coach Chauncey Billups in connection with a separate illegal gambling investigation. The NBA placed Billups on indefinite leave as the case proceeds. A sitting head coach facing federal charges sent tremors through the league.
College Basketball Pays the Price
At the collegiate level, the consequences were swift and severe. In November, the NCAA suspended multiple players for gambling violations. Six men’s basketball players received permanent bans from competition.
Unlike professional leagues, college athletes do not have unions or guaranteed contracts. Their careers ended instantly. The message was clear. The rules exist. The penalties remain harsh.
Gambling Grows While Oversight Lags
Despite all of this, the business of sports betting never slowed. Team owners maintained partnerships with gambling companies. Sports cable networks continued promoting betting lines and prop wagers during broadcasts.
The contradiction became impossible to ignore. Gambling was labeled a growing problem. At the same time, it remained a primary revenue stream.
2025 exposed the fault line. Integrity matters, but profits matter more. That is the legacy historians will not forget.
Evan Weiner’s books are available at iTunes – https://books.apple.com/us/author/evan-weiner/id595575191
Evan can be reached at evan_weiner@hotmail.com
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