Major League Baseball

Kagan becoming justice could impact baseball case

Published May. 10, 2010 9:19 p.m. ET

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The nomination of Solicitor General Elena Kagan to become a Supreme Court justice could have an impact on whether the government tries to overturn a decision that federal agents illegally seized drug-testing samples and records of baseball players who allegedly tested positive for steroids in 2003.

The Major League Baseball Players Association won a 9-2 decision last August from the 9th U.S. Circuit Court of Appeals in San Francisco.

That long-running Bay Area Laboratory Co-Operative case remains before the 9th Circuit, which said in late November it is deciding whether to have the 11-judge panel or the full appellate court rehear the case.

If the 9th circuit doesn't alter the decision, the solicitor general - Kagan or her successor - would decide whether to ask the Supreme Court to review the matter.

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