Pennsylvania Governor to Sue NCAA over PSU Sanctions

DiamondDust · Jan 2, 2013

It wreaks of a political move to curry favor and votes with the large number of Paterno supporters throughout the state.

It's not even about winning the case... it's the fact he "brought it and is fighting the big bad NCAA".

crimsonaudio · Jan 2, 2013

Oh, awesome, we get to hear more about State Penn.

Tide1986 · Jan 2, 2013

BamainBoston said:
You asked about standing. Presumably the state has standing when a state school receiving state funds has to give funds away.

The next question is whether or not State funds are actually being given away. If Penn State's athletics program is anything like Alabama's, then I assume they don't fund athletics with State funds.

TIDE-HSV · Jan 2, 2013

BamainBoston said:
You asked about standing. Presumably the state has standing when a state school receiving state funds has to give funds away.

I actually do think the school has standing to sue. I just don't think they can win and there's actually a good chance the judge will throw the case out on the grounds that the BOT, acting in a regular session, voted to pay the fine in lieu of other penalties. Someone commented above governor being president pro temp of the BOT. That wouldn't matter. N one, not even the dissident BOT members, who finally gave up, claimed that the vote taken was illegal or irregular. BTW, CA is correct. This is really not a football topic. We had to remove it to NS the last time, and that's where it needs to move now...

DiamondDust · Jan 2, 2013

From Corbett on 7/23, the day of the sanctions:

Part of that corrective process is to accept the serious penalties imposed today by the NCAA on PSU.

crimsonaudio · Jan 2, 2013

As much as I hate this subject, I think it would be funny if the NCAA said "Fine, you're suing? Then we'll move forward with the four year death penalty."

MattinBama · Jan 2, 2013

crimsonaudio said:
As much as I hate this subject, I think it would be funny if the NCAA said "Fine, you're suing? Then we'll move forward with the four year death penalty."

I would love that so much.

GulfCoastTider · Jan 2, 2013

Mash here for a pretty good analysis of the two sides' likely positions.

I too believe the state has a good chance of establishing standing and getting the case into pretrial motions and discovery.

When that happens, Pennsylvania can make life miserable for the NCAA.

What intrigues me is that Corbett will likely say that the NCAA--a sports governing authority--used a distinctly non-sports matter to punish the school's sports team and put it at a competitive disadvantage. The league has never used a criminal matter to administer justice for a sports program.

The best thing about this case (O'Bannon too, BTW) is the plaintiffs forcing the NCAA to play in an arena where it can't make up all the rules and then refuse to abide by those rules whenever the hell it wants to.

Tide1986 · Jan 2, 2013

GulfCoastTider said:
What intrigues me is that Corbett will likely say that the NCAA--a sports governing authority--used a distinctly non-sports matter to punish the school's sports team and put it at a competitive disadvantage. The league has never used a criminal matter to administer justice for a sports program.

That is an interesting angle, but I suspect it will be easily shown how a public scandal of this nature could impact recruiting and even advertising and fundraising dollars, all of which would ultimately have an impact on the competitiveness of the PSU football program. Why else cover up the scandal if it weren't going to ultimately impact competitiveness?

TIDE-HSV · Jan 2, 2013

GulfCoastTider said:
Mash here for a pretty good analysis of the two sides' likely positions.

I too believe the state has a good chance of establishing standing and getting the case into pretrial motions and discovery.

When that happens, Pennsylvania can make life miserable for the NCAA.

What intrigues me is that Corbett will likely say that the NCAA--a sports governing authority--used a distinctly non-sports matter to punish the school's sports team and put it at a competitive disadvantage. The league has never used a criminal matter to administer justice for a sports program.

The best thing about this case (O'Bannon too, BTW) is the plaintiffs forcing the NCAA to play in an arena where it can't make up all the rules and then refuse to abide by those rules whenever the hell it wants to.

You beat me to posting that. His angle that this puts new light on NCAA powers from a couple of new sources is valid. I was a little afraid that it would make non-lawyers' eyes glaze over...

PaulD · Jan 2, 2013

I think the biggest problem that the State has in bringing this case is that the party most directly affected, PSU, has already agreed to all of the penalties.

Does anyone know what the Governor's approval rating is as he faces re-election next year?

exiledNms · Jan 2, 2013

TIDE-HSV said:
You beat me to posting that. His angle that this puts new light on NCAA powers from a couple of new sources is valid. I was a little afraid that it would make non-lawyers' eyes glaze over...

Heck, my eyes glazed over just from posts in this thread. Now I'm far too scared to click that link.

GulfCoastTider · Jan 2, 2013

TIDE-HSV said:
You beat me to posting that. His angle that this puts new light on NCAA powers from a couple of new sources is valid. I was a little afraid that it would make non-lawyers' eyes glaze over...

Granting the NCAA that kind of power--to punish a school for any reason it darn well pleases--is troubling. That bureaucracy will eventually find new, interesting and terrifying ways to wield this new authority.

PaulD · Jan 2, 2013

GulfCoastTider said:
Granting the NCAA that kind of power--to punish a school for any reason it darn well pleases--is troubling. That bureaucracy will eventually find new, interesting and terrifying ways to wield this new authority.

All this may be true, but it doesn't make the suit valid.

Go Bama · Jan 6, 2013

GulfCoastTider said:
Mash here for a pretty good analysis of the two sides' likely positions.

I too believe the state has a good chance of establishing standing and getting the case into pretrial motions and discovery.

When that happens, Pennsylvania can make life miserable for the NCAA.

What intrigues me is that Corbett will likely say that the NCAA--a sports governing authority--used a distinctly non-sports matter to punish the school's sports team and put it at a competitive disadvantage. The league has never used a criminal matter to administer justice for a sports program.

The best thing about this case (O'Bannon too, BTW) is the plaintiffs forcing the NCAA to play in an arena where it can't make up all the rules and then refuse to abide by those rules whenever the hell it wants to.

Great read. Thanks for posting.

Bamaro · Jan 6, 2013

Good for Pennsylvania, I wish Alabama had done the same.

MattinBama · Jan 6, 2013

Bamaro said:
Good for Pennsylvania, I wish Alabama had done the same.

You wish Alabama had stood up for hiding child rape in a school's football facility?

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