Why Congress Cannot Require Major League Baseball to Implement Suspicionless Blood Testing for Performance-Enhancing Drugs

Matthew W. Kerner, Pace University School of Law

Abstract

In the United States, professional baseball is not only ingrained in the fabric of popular culture, it is big business. As of 2010, Major League Baseball (MLB) players earn annual salaries ranging from the league minimum of $400,000, to the astronomical $33 million paycheck of New York Yankees megastar, Alex Rodriguez. The average salary of an MLB player in 2010 was $3,297,828, which is more than a 65 percent increase from the average 2000 salary of $1,998,034. Meanwhile, the inflation rate in the United States has risen just 28.37 percent in the same time span. These figures do not even take into account the possibility of millions more in income from lucrative endorsement deals or through contracts that include performance-based incentives. Unquestionably, MLB players now have a more substantial financial interest in their playing ability than ever before. The combination of the potential for substantially increased earnings, heightened media exposure, and league expansion are all significant factors that have contributed to the current pressure on MLB players to perform.