Aug 5, 2013, 4:25 PM EDT
The MLBPA’s official statement on the suspensions of the Biogenesis players is something I can totally agree with: the 50-game suspensions make sense given that all involved were first time drug offenders who agreed, when they chose not to appeal, that MLB had the goods on them. But Alex Rodriguez‘s 211-game suspension is crazy and it should be reduced.
It’s crazy for a number of reasons.
One simple argument is that A-Rod is receiving discipline for the first time under the Joint Drug Agreement (JDA). The JDA calls for suspensions of 50 games, 100 games or life. A strict constructionist of the JDA could very easily say that A-Rod, as a first offender, should get 50 games, full stop. Now, I’m not naive. I don’t think that argument will necessarily work. Indeed, the head of the union himself said, for some reason, that the 50-100-life rubric does not apply to Biogenesis cases. I’m not sure why he’d admit that, but I do feel like if that argument had any weight it would have been made a lot more forcefully before now. Still: it’s not an argument I’d abandon if I was A-Rod’s lawyer.
A more compelling argument: 211 games is the most arbitrary number imaginable, and arbitrators of employer-employee agreements tend not to like arbitrariness.
The Joint Drug Agreement employs a unit of measurement for drug discipline: games. MLB may make an impassioned and persuasive case that Alex Rodriguez was a horrible wrongdoer, but they clearly chose this discipline based on how long they wanted to see him gone — this season and all of next — and simply calculated how many games that covered. In this sense it was entirely arbitrary and made little effort to match up the severity of the acts with the severity of the punishment. If it happened last week he’d get 217 games? If it happened next week he’d get 205? For the same conduct? It speaks to an unreasonable standard of discipline, even if it happens to go after unreasonably bad behavior.
Let’s talk about that behavior. A-Rod’s Biogenesis case has been the subject of countless leaks over the past several months, and most of those leaks have spoken non-specifically of awful, awful things. We don’t know how awful. Maybe it’s really, really bad! Obstruction of the investigation. Maybe some sort of luring of other players to Tony Bosch’s clinic. We really don’t know. But we do know that for 211 games to stick, those acts have to be more than four times worse than some other player’s drug use, right? That’s how MLB got to its arbitrary number, right?
I don’t know what MLB’s evidence is, but I do know this much: the historic pattern of A-Rod coverage has been to take what he actually did, multiply it by about a million times in terms of severity and report it as the worst thing that ever happened. Puffing up A-Rod’s evil works with tabloid readers, talk radio callers and the “A-Rod is the devil” folks, but it’s unlikely to work well with an arbitrator. So if that pattern is happening once again, it may be a much closer case than many are portraying.
None of that means Alex Rodriguez didn’t do anything wrong. None of that means that Alex Rodriguez will succeed on his appeal. But from where I’m sitting, Major League Baseball’s 211-game suspension looks hard to defend, and it’s hard to blame Rodriguez for going after it on appeal.
Aug 31, 2015, 8:55 AM EDT
It’s no surprise that Mark Shapiro felt that bolting to Toronto was a good idea
Aug 31, 2015, 8:00 AM EDT
Jake Arrieta looked great last night. At least during his no-hitter. Afterward? Well, at least he looked comfortable.
Aug 30, 2015, 11:55 PM EDT
Giancarlo Stanton is getting close to returning to the Marlins. He’s slated to begin a rehab stint on Tuesday.
Aug 30, 2015, 11:31 PM EDT
Jake Arrieta struck out Chase Utley to complete his first career no-hitter.
Aug 30, 2015, 11:14 PM EDT
Jake Arrieta made history on Sunday night, tossing a no-hitter against the Dodgers.
Aug 30, 2015, 11:05 PM EDT
Aaron Harang wasn’t claimed when the Phillies put him on waivers, so any team can try and negotiate a trade if they’re desperate for rotation help.
Aug 30, 2015, 10:15 PM EDT
The Padres got Chris Rearick back, claiming him off waivers from the Rangers on Sunday.
Aug 30, 2015, 9:51 PM EDT
The Blue Jays are expected to name Mark Shapiro as the new team president.
Aug 30, 2015, 9:25 PM EDT
The Braves were demolished by the Yankees on Sunday.
Aug 30, 2015, 8:35 PM EDT
Tim Lincecum may have thrown his last pitch as a member of the Giants after suffering another setback in his recovery from hip and back injuries.
Aug 30, 2015, 7:45 PM EDT
David Ortiz has sole possession of 27th place on baseball’s all-time home run leaderboard.
Aug 30, 2015, 6:55 PM EDT
The Phillies added bullpen depth on Sunday, claiming Ken Roberts off waivers from the Rockies.
Aug 30, 2015, 6:05 PM EDT
Curtis Granderson was prompted to say something controversial, so he did.
Aug 30, 2015, 5:22 PM EDT
The 27-year-old missed most of July with an oblique strain and most of June with a trapezius strain.
Aug 30, 2015, 4:15 PM EDT
Royals right-hander Jeremy Guthrie is doing some fine side work in his new long relief role …
Aug 30, 2015, 3:28 PM EDT
Josh Hamilton is likely to be activated off the disabled list Tuesday, September 1 when major league rosters expand, but it sounds like he’s going to be limited to pinch-hitting duties for a while.
Aug 30, 2015, 2:34 PM EDT
Machi owns a rough 5.21 ERA in 46 2/3 total innings this season between San Francisco and Boston, but the out-of-contention Red Sox will simply roll with what’s currently working as they play out the string.
Aug 30, 2015, 1:47 PM EDT
Josh Donaldson got Sunday Funday started early in Toronto with this first-inning solo blast …
Aug 30, 2015, 1:20 PM EDT
A.J. Burnett has been out since late July with a strained flexor tendon in his right arm. There was some thought initially that the injury would be a season-ender (and thus career-ender) for the 38-year-old, but he’s beginning to make significant progress.
Aug 30, 2015, 12:43 PM EDT
Data really is beautiful.
- And That Happened: Sunday’s scores and highlights 26
- Jake Arrieta no-hits the Dodgers with 12 strikeouts 28
- Blue Jays will name Mark Shapiro as the new team president 28
- Lance Lynn expects to make next scheduled start despite suffering ankle injury Saturday 2
- Cubs expected to call up Javier Baez on September 1 6
- Settling the Score: Saturday’s results 13
- A fan died at Turner Field after falling from the upper deck 60
- Mets acquire Addison Reed from the Diamondbacks 10
- Sarah Palin sticks up for Curt Schilling, tells ESPN to “stick to sports” (266)
- Dan Patrick: When does ESPN cut ties with Curt Schilling? (200)
- Curt Schilling taken off of Little League World Series duty for making a really bad tweet (170)
- Curt Schilling taken off of ESPN’s Sunday Night Baseball telecast this week (134)
- Phillies announcer calls Mets fans “obnoxious” (123)