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The Law Ep 35 -- Flood v Kuhn (1972)
- Author: Vários
- Narrator: Vários
- Publisher: Podcast
- Duration: 0:00:00
- More information
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Synopsis
Show Notes: The Supreme Court, baseball, and following bad precedent. In this case, the Supreme Court upheld Major League Baseball’s “reserve clause,” which kept a player tied to his former team even after his contract had expired. The Court’s ruling was based on stare decisis, the idea that once the Court has made a ruling, it should stick with it, even as it acknowledged in this case the precedent was plainly wrong. How might stare decisis come into play in the future if the Court takes on controversial cases like Roe v Wade? Links: The case itself: Flood v Kuhn https://www.oyez.org/cases/1971/71-32 Curt Flood’s 1969 letter to Bowie Kuhn https://exhibits.library.jhu.edu/exhibits/show/freedom-papers/curt-flood/letter-to-the-commissioner Supreme Court’s conservatives overturn precedent as liberals ask ‘which cases the court will overrule next’ https://www.washingtonpost.com/politics/courts_law/supreme-courts-conservatives-overturn-precedent-as-liberals-ask-which-cases-the-court-will-overrule-next/2019