NFL StarCaps Case: Are Sports' Anti-Doping Programs at a Legal Crossroads?

Strategic Insights -

On November 3, 2009, the House Energy and Commerce Committee held a hearing to discuss the NFL StarCaps case and its implications for sports' anti-doping programs. The hearing featured witness testimony from National Football League (NFL) Commissioner Roger Goodell, NFL Players Association Executive Director DeMaurice Smith, Rob Manfred, Executive Vice President of Labor and Human Resources of Major League Baseball, and others. The discussion centered around the conflicting state and federal laws regarding anti-doping programs in professional sports.

Key Takeaways:

  • Major League Baseball (MLB) has a comprehensive anti-doping program in place, which includes pre- and post-game testing, out-of-competition testing, and the use of the most up-to-date drug-testing technologies at laboratories certified by the World Anti-Doping Agency.
  • MLB's drug-testing program has been effective in reducing the use of performance-enhancing substances, with only two steroid positives in 2009.
  • The recent decision by the 8th Circuit Court of Appeals in the Williams vs. NFL case has raised the possibility that state laws could interfere with the uniform enforcement of MLB's collectively bargained drug program.
  • State laws related to drug testing could create claims for players covered by MLB's programs, leading to uneven enforcement of the drug policy and undermining the credibility of the program.
  • MLB recognizes the legitimate right of states to pass employee protective legislation in the area of drug testing but believes that a narrowly drafted statute could solve the problem faced by professional sports.
  • The NFL's anti-steroid policy has been commended by Congress for its strength and effectiveness, but the policy is now subject to individual state laws interpreted by individual state-court judges.
  • The NFL's policy ensures that the program will operate in a fair and uniform manner throughout the league, citing the principle that the player is responsible for what's in their body.

Statistics:

  • MLB conducted 13,000 tests of its players in 2009.
  • The NFL's anti-steroid policy has been in place for 20 years, and during this time, the league has tested all players for banned substances.
  • The NFL's policy requires that all players be tested on an equal basis, with no exceptions for individual players.
  • The Minnesota state court judge issued an injunction that allowed two players to participate in critical late-season games.
  • The 8th Circuit Court of Appeals unanimously upheld the federal judge's ruling in September.

Sources:

  • Hearing of the Commerce, Trade and Consumer Protection Subcommittee of the House Energy and Commerce Committee (2009, November 3)
  • Transcript of the hearing (Federal News Service, 2009)