Yahoo Sports reporter Jeff Passan asks why if one of Bud Selig’s great tenets as commissioner for two decades now has been inclusion and equality that the same ethos doesn’t apply to Major League Baseball’s rules that black out the most important games this year from millions of televisions around the country? He points out the hypocrisy in TV blackouts case against MLB at critical point.

The May 9 antitrust suit filed by four fans against MLB and the National Hockey League is nearing a critical moment, when federal Judge Shira Scheindlin, of New York’s Southern District, could decide whether she’ll hear the trial. Sometime Friday, baseball will file a brief in Garber et al v. MLB that tries to convince Scheindlin to dismiss the case.