A federal appeals court in California ruled Wednesday that prosecutors improperly seized the drug tests for the roughly 100 major league baseball players who tested positive for performance-enhancing drugs in 2003.
“This was an obvious case of deliberate overreaching by the government in an effort to seize data as to which it lacked probable cause,” Chief Judge Alex Kozinski wrote in support of a 9-to-2 decision by the United States Court of Appeals for the Ninth Circuit, in San Francisco.
The broader issue raised by the case is why steroid use in baseball is a concern of the federal government. The people potentially harmed by such use are the players themselves, non-using players who suffer a competitive disadvantage, and fans who want to watch sports contests not affected by "performance-enhancing substances."
The right entity to address these concerns is Major League Baseball, which can make steroid use rare by adopting a serious drug-testing policy (as it has). Federal intervention is unnecessary and a waste of resources.
Side-Note: Alex Kozinski, who wrote the opinion in this case, is a well-known libertarian.