(10-08-2019 01:24 AM)Attackcoog Wrote: (10-07-2019 11:37 PM)chester Wrote: (10-07-2019 10:44 PM)Attackcoog Wrote: Those attacks are based in federal law. My point is that California law cant decree anything once it reaches the border of California. The NCAA has already faced that issue before with Tarkanian.
That said, my hesitation about outright booting the Cali teams from the NCAA would come from the 1984 Oklahoma Regents vs NCAA decision. Thats why I think the NCAA will take the more conservative road and simply ban them from post season play. That's basically the same penalty that every other team guilty of that infraction gets and that penalty has already been successfully defended in court on multiple occasions. It would seem to be a more reasonable and proportional act that would maintain the integrity of the league while doing as little damage as possible to the schools (who are frankly just caught in the middle). I seriously doubt any attack on a post season ban would be successful.
Right, but my understanding is that that too might be an illegal group boycott. I'm just interested in the hypothetical, though. IMO, there is zero chance the NCAA would actually try to ban Cali schools from anything. Lost revenue, rotten PR, pissed off media partners, pissed off fans, pissed off everyone.
The NCAA is either going to relent to the mounting public and state governmental pressure or it will be forced to by congress or (least likely because I don't think it will go this far) courts that uphold state laws. I see no realistic escape path for the NCAA. It's not going to challenge the Cali law. If Congress doesn't act, the NCAA and the Cali legislature will come to an agreement. Section 1 of the Cali law is a signal to the NCAA that the Cali legislature will repeal the law once an agreement is reached, or at least amend it to be in agreement with the NCAA's new rules.
*repeal
Actually, I wonder if offense might be the best strategy. All the Cali schools are against the bill. So, say USC and Stanford, a couple of Cali private schools, team up with the NCAA and sue to block the enforcement of the law in Federal court. That way, the schools and NCAA get to select the court they think is most likely to be sympathetic their arguments. Because most of the laws being proposed are generally similar, if you get the Cali law shut down, the other very similar laws probably probably become unenforceable as well. Once you shut down the mad rush to pass laws that cause more trouble than they solve---you have time to try to figure out a reasoned smart approach that might allow some sort of revenue to flow to the athletes without creating a pay-for-play league via third parties.
Man, Cali schools may only be
officially against the bill. In the very first hearing on SB 206, one particular senator grilled the present representatives of Cali schools on whether Cali schools, themselves, were against it. I mean, he drilled deep (paraphrasing) "Forget about NCAA rules, I understand that, what are Cali schools doing about this? Are you working toward this reform? Where do California schools stand on the matter??" etc. Those representatives ummm'd and ahhhh'd and had no real answer. They were quite clearly...reticent to speak.
A little prior to that, in Olympia, Washington, where similar, predesessing bills were being heard, representatives of Washington schools said straight up "We don't won't to be the guinea pigs."
I'm telling you, NCAA schools are all afraid of one another. They are petrified of one another. This 100+ year monstrous bureaucracy that is the NCAA has become an animal unto itself. No one's willing to take a stand on anything other than the status quo.
For pity's sake, the NCAA just rejected
a perfectly reasonable recommendation on how to better tackle academic fraud. Why is that? I'd say no one wants to get caught for their own misdeeds and they are all afraid of one another.
I joked about Jay Bilas as NCAA president in another thread, but honestly, he's EXACTLY the sort of leader the NCAA needs.
Anyway, I know that's not what you were talking about. Maybe offense is the best strategy, I dunno. Seems to me, though, that the battle is already lost for the NCAA and that it's only a matter of time before it becomes official.