San Jose is "taking one last big swing in court in an attempt to lure the A's to the South Bay," as the City Council yesterday "voted unanimously to appeal to the U.S. Supreme Court" its antitrust lawsuit against MLB, according to Mike Rosenberg of the SAN JOSE MERCURY NEWS. The move comes two weeks after an appeals court "ruled against San Jose." The city has already "suffered Strike 1 (a U.S. district judge ruled against San Jose in 2013) and Strike 2 (the 9th U.S. Circuit Court of Appeals also ruled in favor of MLB January) leaving the Supreme Court as the city's only remaining option." The appeal "was expected, as the city will continue to get free services from its outside law team if it loses." City officials have "eyed the Supreme Court as their only likely venue of victory." San Jose leaders are also "hopeful that an anxious MLB would settle if the justices take the case so baseball doesn't risk losing broader antitrust exemptions it had" since '22. MLB Commissioner Rob Manfred after the appeals court victory said that he "hoped it meant the end of the case, and he is focused on trying to build a new A's ballpark in Oakland." But San Jose officials have long since "given up on winning over baseball's top brass, as the league spent half a decade studying the issue through a 'blue ribbon committee' that never made any findings public" (SAN JOSE MERCURY NEWS, 2/4).
TRUST FACTOR: In S.F., Bob Egelko notes if the Supreme Court agrees to hear San Jose’s suit, arguments "will be held in the term that begins in October, with a ruling due" by June '16. San Jose Mayor Sam Liccardo in a statement said, "Every other professional sport in America and every other American industry must abide by antitrust laws. Only Major League Baseball enjoys this antiquated exemption, and the sense of entitlement displayed by the league’s billionaire owners who consider themselves to be above the laws requiring every other industry to compete is outrageous" (S.F. CHRONICLE, 2/4).
