Supreme Court Justices Know Nothing About the NFL.

[citizen k]

Not sure why knowledge about sports would be prerequisite for a Judge position.

This is America! 

[citizen k]

from NPR:

In the Supreme Court on Wednesday, American Needle's lawyer, Glen Nager, told the justices that the NFL shouldn't be able to circumvent the nation's antitrust laws that way. He said the NFL teams are separately owned and operated businesses, and that by construing the league as a single entity, the lower court had approved a merchandising monopoly for the NFL.

Several justices asked where to draw the line. After all, you need agreement on league rules and a schedule.

Justice Stephen Breyer, noting that he knows baseball better than football, questioned the premise of apparel competition. "You want the Red Sox to compete in selling T-shirts with the Yankees?" he asked. "I don't know a Red Sox fan who would take a Yankees sweatshirt if you gave it away."

Justice John Paul Stevens suggested that the real competition for apparel is between sports — football and basketball, for instance — not between teams.

But the questioning got even more intense when the NFL's lawyer, Gregg Levy, rose to argue.

He conceded that 32 teams used to individually license their own logos. But he maintained that the purpose of the NFL exclusive deal with Reebok was not to make money, but to promote the game of football.

Justice Antonin Scalia was disdainful.

"They don't care whether the sale of the T-shirt promotes the game," he said. "They sell it to make money."

Justice Sonia Sotomayor observed that if the aim is to make money — and she said she could well see that argument — then a league agreement to fix prices would be a violation of the antitrust laws.

Sotomayor prodded further, asking what decisions could sports teams make that "would be subject to antitrust scrutiny?"

Levy replied that "the NFL clubs are not separate sources of independent power. They are a unit ... a single entity."

So, pounced Sotomayor, "You are seeking, through this ruling, what you haven't gotten from Congress: an absolute bar to an antitrust claim."

Justice Breyer analogized the situation this way: A joint venture to play football is one thing; a joint NFL venture to build houses is another.

As Chief Justice John Roberts observed, "The other side says selling logos is closer to selling houses than it is to playing football." So, Roberts said, if there is a factual dispute about whether a particular activity of the league is designed to promote the game or is designed simply to make money, then that is the sort of thing that should go to trial.

Justice Scalia then aimed his question at the NFL's assertion that trademarks and logos have no value apart from the game. "I guess you could say the same thing for each of the 32 franchises," Scalia said. "They are worthless if the NFL disappears. So does that mean they can agree to fix the price at which their franchises will be sold?"

Lawyer Levy didn't directly answer that question but contended that the NFL is much like a law firm that sets the prices charged by its lawyers.

[Valmy]

What do you expect?  Supreme Court Justices are old.  Old people love baseball due to the fact that it used to be a popular sport, and it's extremely slow and boring, ensuring that they don't fall behind.

Baseball is awesome

Baseball is about as awesome as raping livestock on television.

What the fuck man?  You were all talking to me about baseball when Mississippi was playing Texas in the NCAA a few years back.  Does this mean that you, in fact, like raping livestock or you are trying to misrepresent yourself to impress Neil and Cal?  Poser.

[Valmy]

What do you expect?  Supreme Court Justices are old.  Old people love baseball due to the fact that it used to be a popular sport, and it's extremely slow and boring, ensuring that they don't fall behind.

Old people are the only ones who make enough money to attend football games.  Football is definitely becoming an old persons sport....I mean unless seeing all your sports on TV is good enough for you but then you live in Canada where there are no real sports in driving distance.

[Neil]

Old people are the only ones who make enough money to attend football games.

Poor people are morally reprehensible.

[Syt]

Baseball is awesome

Indeed it is.

[dps]

What do you expect?  Supreme Court Justices are old.  Old people love baseball due to the fact that it used to be a popular sport, and it's extremely slow and boring, ensuring that they don't fall behind.

Baseball is awesome

Baseball is about as awesome as raping livestock on television.

Don't ge The Brain all excited.

[Barrister]

but then you live in Canada where there are no real sports in driving distance.

Unless you're in the 00.1% of the population north of 60 degrees latitude, if you live in Canada you not only live within driving distance of the only sport worth mentioning (3 down football) it's highly affordable to boot.

[jimmy olsen]

Not sure why knowledge about sports would be prerequisite for a Judge position.

Nothing to do with being a judge, just being social connected to the rest of society.

[Martinus]

Not sure why knowledge about sports would be prerequisite for a Judge position.

Nothing to do with being a judge, just being social connected to the rest of society.

Not "the rest of the society" but "the lows of the society". The claim that the judicial elite must follow the pastimes of the working classes or be "disconnected from the society" is preposterous.

[Syt]

Not "the rest of the society" but "the lows of the society".

If you say that professional sports is an interest of "the lows of society" you obviously haven't looked at ticket prices for major sporting events or cable packages recently.

[Martinus]

Not "the rest of the society" but "the lows of the society".

If you say that professional sports is an interest of "the lows of society" you obviously haven't looked at ticket prices for major sporting events or cable packages recently.

No, I meant football. Elites watch baseball. It's like in Europe, where the rabble watches soccer.

[jimmy olsen]

Tickets to a baseball game are the cheapest of the 4 major American professional sports.

[Martinus]

Tickets to a baseball game are the cheapest of the 4 major American professional sports.

So? It's not about prices of tickets, it's about popularity among various demographics. I bet in the UK tickets to major soccer matches are also more expensive than tickets to rugby matches.

[Syt]

Tickets to a baseball game are the cheapest of the 4 major American professional sports.

Considering they have 162 games (and plenty on weekday mornings/afternoons) it's not that surprising.