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The Coming Federalization Of Anti-doping Policy

The Coming Federalization of Anti-Doping Policy Just this past week, a Congressional subcommittee held a hearing on the recent Starcaps decision out of the Eighth Circuit. (I wrote about that decision here, and not all that favorably.) To refresh your recollection, the court decision allowed two NFL players, both named Williams and both playing defensive tackle for the Minnesota Vikings, to assert claims for damages against the NFL in state court. The players argued that the NFL’s anti-doping policy violates Minnesota state law governing workplace drug testing. The NFL’s position was that, even if the NFL policy and state law conflict, state law claims are preempted by federally protected collectively bargained agreements. The "Starcaps" court said they weren’t. So we’re left with the prospect of two NFL players having violated the NFL anti-doping policy with apparent impunity. We’re left with two NFL players (or one team of players) subject to one (more lenient) set of rules, and everyone else subject to the NFL’s more punitive policy. One league; different rules.
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