The usual standard when a court issues an injunction involves two main points...first, the party seeking the injunction will suffer irreparable harm if the injunction is not granted, but also that the party seeking the injunction is more likely than not to succeed when the matter goes to trial.I am not a legal expert by any stretch, but I was thinking about this issue more and what the injunction means. The judge who granted the injunction isn't necessarily saying that Sorsby didn't do anything wrong and should be able to play, he's just saying he should be allowed to play until a court upholds the NCAA ruling. From a common sense perspective, I don't think anyone agrees with that outside of Texas Tech. Unfortunately, for this judge, the road has been paved over the last several years to allow the legal system to uphold or overturn the NCAA's rulings.
To me, the biggest issue in all of this is the how weak the NCAA has become, to the point that I don't know what their purpose is. I'm not sure I can really blame the NCAA completely for becoming such a useless governing body, but I don't think they have done themselves any favors either. What I don't understand, is how are the NFL, MLB, NBA, etc. able to never have their authority questioned or litigated. Is it the presence of a collective bargaining agreement? Does collective bargaining exist in FIFA or the IOC? I don't think it does, yet their decisions always seem final.
To the first point, there is no doubt that Sorsby would likely suffer irreparable harm if he's not allowed to play college football anymore because of the impact that would have on his draft status. That however, is his own fault (sorry, but I'm not buying his addiction excuse and the idea that he was so out of control that he couldn't keep from gambling, but I suppose it's possible).
To the second point, I think it is highly doubtful that he is more likely than not to prevail at trial.
But who knows? What a mess.
