re: See y’all in court!

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From the other thread:

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I’m a lawyer. The SEC is a voluntary organization. With bylaws agreed to by its members voluntarily. The SEC bylaws give the commissioner broad and vast powers to punish schools who engage in conduct detrimental to league or league competion. Sankey can on his own initiative suspend coaches. Withhold conference revenue (was $72 million last year). Or ban teams from playing in conference games or postseason games. He can effect institute death penalty sanctions.

Courts strongly defer to voluntary organizations with their enforcement of bylaws. You’ll notice Tech and Sorsby folded up shop once the Big 12 sued Tech I. Federal court for a declaration the Big 12 had the right to enforce its bylaws to punish Tech for playing Sorsby. They knew they were cooked.

I’ve compared the SEC and Big 12 bylaws. The SECs allow even more discretion and can be done by the commissioner unilaterally (The Big 12 required a supermajority of members to vote for punishment). Sankey can do it without any approval of members with the stroke of a pen.

The TROs handed out by local judges don’t apply to the SEC. They only apply to the ncaa, its agents and those acting in concert with the NCAA.

What’s more, players would lack the legal standing to sue the SEC for punishing its own members under its own internal governance procedures and bylaws.

So in essence, LSU would have to sue the SEC. And im fairly certain the lawsuit would have to be brought in Atlanta. So it wouldn’t be handled by a local Cletus judge fanboy.

Punishing the school directly for playing these players under the bylaws is the trump card. It’s a voluntary association. LSU can certainly exercise its rights to leave the SEC as long as it follows the bylaws’ procedures. But it can’t avoid the application of the very bylaws it agreed to and has operated under for decades because it doesn’t like the result.

The SEC could also just file a Dec action in a favorable venue establishing its right to apply its bylaws. Kiffin running his mouth about what the SEC can or can’t do today may have opened the door to there being a justiciable dispute.

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If the SEC is going to block players who would have been eligible to play this year had they known they would have been eligible prior to going to a training camp, the SEC should also block Chambliss.

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the SEC should also block Chambliss.

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In a ruling based on professionalism, the SEC would have an impossible time arguing Trinidad Chambliss is less professional than Dae’quan Wright.

Chambliss is older, he’s played in more games, he’s made a lot more money. He has professional representation. His compensation is negotiated based on his value as a football player. He’s 100% a professional.

Every college football player is a professional. Conferences deciding who is more professional than someone else is a very slippery slope.

I hope they figure it out. We need them to figure it out. But this isn’t the answer.

SEC told LSU to jump, and those bitches asked how high.