opinion by Judge Sterry R. Waterman upheld Cooper's decision under Federal Baseball and all subsequent rulings on the principle of stare decisis. It also cited Radvovich to suggest that while baseball's exemption from the antitrust laws under which other sports leagues fell was "unrealistic", "inconsistent", and "illogical", it was still the Supreme Court's prerogative to overrule it and Toolson. Judge Leonard P. Moore wrote a concurring opinion tracing in greater detail the history of baseball and its antitrust exemption, which he did not believe the Supreme Court would revoke. He concluded that, aside from the Chicago Black Sox scandal baseball had managed to grow and retain the public's interest remarkably well without judicial intervention. "[I] would limit the participation of the courts in the conduct of baseball's affairs to the throwing out by the Chief Justice (in the absence of the President) of the first ball of the baseball season." In July, Flood's attorneys filed a certiorari petition with the clerk of the U.S. Supreme Court, the first step towards asking the Court to hear the case. MLB's attorneys submitted their response to the writ in August, and the Court agreed to hear the case two months later, a decision that troubled Kuhn since it indicated that at least four justices saw a potential issue with the case and might be inclined to reverse. In his absence from the Phillies as the case moved through the courts, Flood's rights returned to the Cardinals, who negotiated another trade with Philadelphia. The Phillies received two minor league prospects and placed Flood on their voluntary retirement list, which meant that he did not count against their 40-man roster, but if he chose to return to baseball, he could only play for Philadelphia. The Washington Senators acquired Flood's rights from Philadelphia partway through the 1971 season, and Flood accepted a one-year, $110,000 contract to recoup the financial losses that came with missing the 1970 season. Senators owner Bob Short promised Flood that accepting a deal with the team would not damage his court case, as he could argue that he had already accrued damages from missing the previous season. Flood played only 13 games with the Senators, quitting on April 28 after performing poorly, and moved to Madrid to distance himself from baseball and the stress of his court case, but still collecting $55,000 in salary. "I tried", he wrote in a telegram to