Only 2 choices left for union re: 2003 player ID's--NY Times

The players union is down to 2 options on the 2003 drug test identities per Murray Chass in the NY Times:

"The players union continues to reviews its options on the appellate court decision that enables the government to retain the results and identities of the 104 players who tested positive for steroids use in 2003.

“We still have time to make a decision; we’re still doing research,” said Donald Fehr, the union chief.

The union primarily has two avenues of appeal of the decision of the United States Court of Appeals for the Ninth Circuit in San Francisco. It can ask the court to rehear the case before a 15-judge panel, or it can appeal directly to the Supreme Court. Fehr didn’t say if the union was leaning in either direction, but the feeling here is it will go back to the Ninth Circuit and ask for a rehearing.

The court has 26 judges, 2 short of a full house, and 14 of the judges would have to vote to accept the case for rehearing by 15 judges. A 2-to-1 decision last month overturned three lower-court decisions that went in the union’s favor."

From article by Murray Chass, NY Times, 1/21/07

• Entirely aside from the above, the union could rightfully be sued by its member players for failure to follow agreed upon procedures on the 2003 tests. Was it negligence, hubris, or just the haze of socialism that eventually reduces all of us to hopelessness? sm

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