Courts Likely to Field More Doping Cases as Pro Sports Crack Down on Drugs
NASCAR driver Jeremy Mayfield may be the latest professional athlete to take his case to the federal courts, but one Midwest law prof expects many more to follow.
As more sports leagues crack down on performance-enhancing or illicit drugs, Valparaiso University law professor Michael Straubel says more athletes will challenge the drug-testing process.
“A lot of people have their doubts about the impartiality of the process,” Straubel, an expert on doping matters, tells USA Today.
Mayfield, who was suspended by NASCAR after reportedly testing positive for methamphetamine, last week won a temporary injunction in federal court to stay the suspension. NASCAR is looking to appeal the stay.
Before Mayfield, two Minnesota Vikings players were allowed to finish out the season after a federal judge granted an injunction in their challenge of a test in which the NFL players tested positive for a diuretic.
Lawyers who represent the players challenging drug tests argue that current strict liability policies need to be changed to take into account circumstances behind a positive test, including inadvertent ingestion.
USA Today notes that challenges to suspensions aren’t the only sports law action federal courts are seeing. The paper notes that Philadelphia Phillies pitcher J.C. Romero sued the manufacturer of a supplement that he said caused a positive test for pro-hormone. The positive test resulted in a 50-game ban.
