Players Union To Challenge Ruling Over 2003 Positive Tests
The Major League Baseball Players Association will fight the 9th U.S. Circuit Court of Appeals’ ruling that gives investigators access to the names and urine samples of 80-100 players who tested positive for performance-enhancing drugs anonymously in 2003.
Union Leader, Donald Fehr issued a statement in reaction to court’s ruling wherein he stated the union’s position.
“We will consult with our counsel, and then determine what our next step should be in our fight to protect the Constitutional rights — including the basic right to privacy — of our members.”
Fehr also placed the issue in a larger context.
“In his dissent, Judge Thomas said that under this ruling ‘no laboratory, hospital or health care facility could guarantee the confidentiality of records.’ That is something which should be of serious concern to all Americans.”
The Union reportedly has options including requesting that the Court of Appeals rehear the case with the same three judges, petitioning the court to hear the case with 15 judges or appealing to the U.S. Supreme Court. An appeal would likely delay investigators from getting the records for months or more regardless of the outcome.