Curt Flood And Free Agency, Part II
Just as the cases of Marbury v.
Bowie Kuhn at Yankee Stadium
Flood thus began his legal challenge that ultimately wound up in front of the Supreme Court. In January of 1970 Flood filed a preliminary injunction, which was denied. The matter was then set for trial in the Spring of 1970 in the Southern District of New York, as Flood prepared to battle against Commissioner Kuhn and all 24 major league teams.
The gist of the matter, according to Flood, was that baseball was a monopoly controlled by all major and minor league owners by means of a “reserve clause” that tied a player to one team for life and kept salaries at low levels. The owners felt that the reserve clause was necessary for the survival of baseball- that without the reserve clause many teams would fall by the wayside.
Despite having the support of the Major League Baseball Players Association, not one active player would testify on Flood’s behalf. Among those who were Flood’s witnesses were the legends Jackie Robinson, Bill Veeck and Slugger Hank Greenberg. Baseball’s witnesses did include former player and the Today Shows’ own Joe Garagiola.
Flood and Marvin Miller enter the courthouse
Judge Irving Ben Cooper, ultimately ruled against Curt Flood and his attempt to overturn baseball’s reserve clause. Judge Cooper stated that he lacked the authority to overturn previous Supreme Court decisions allowing baseball an anti-trust exemption.
Flood’s lawyers initiated the appeals process to the Second Circuit Court of Appeals. That court affirmed the ruling of Judge Cooper- Flood was down to his last strike. The Supreme Court was to make the call.
Meanwhile, having sat out the 1970 season, in November of 1970 Flood signed to play with the Washington Senators for the 1971 season.
Next Up: The Supreme Court’s call
Flood v. Kuhn
Just as the cases of Marbury v. Madison, Brown v. Board of Education and Roe v. Wade are etched in legal history, Flood v. Kuhn occupies a prominent place in the history of sports law. Curt Flood had requested Commissioner Bowie Kuhn to make it known to all Major League teams that he was available for the 1970 season. Kuhn rejected this claim, stating that Flood was still under contract.
Flood thus began his legal challenge that ultimately wound up in front of the Supreme Court. In January of 1970 Flood filed a preliminary injunction, which was denied. The matter was then set for trial in the Spring of 1970 in the Southern District of New York, as Flood prepared to battle against Commissioner Kuhn and all 24 major league teams.
Bowie Kuhn at Yankee Stadium
The gist of the matter, according to Flood, was that baseball was a monopoly controlling all major and minor league players by means of a “reserve clause” that tied a player to one team for life and kept salaries at low levels. The owners felt that the reserve clause was necessary for the survival of baseball- that without the reserve clause many teams would fall by the wayside.
Despite having the support of the Major League Baseball Players Association, not one active player would testify on Flood’s behalf. Among those who were Flood’s witnesses were the legends Jackie Robinson, Bill Veeck and Slugger Hank Greenberg. Baseball’s witnesses did include former player and the Today Shows’ own Joe Garagiola.
Flood and Marvin Miller enter the courthouse
Judge Irving Ben Cooper, ultimately ruled against Curt Flood and his attempt to overturn baseball’s reserve clause. Judge Cooper stated that he lacked the authority to overturn previous Supreme Court decisions allowing baseball an anti-trust exemption.
Flood’s lawyers initiated the appeals process to the Second Circuit Court of Appeals. That court affirmed the ruling of Judge Cooper- Flood was down to his last strike. The Supreme Court was to make the call.
Meanwhile, having sat out the 1970 season, in November of 1970 Flood signed to play with the Washington Senators for the 1971 season.
Next Up: The Supreme Court’s call
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