It's already been unsuccessfully challenged in the past.
by rockmcd (2019-01-09 11:24:54)

In reply to: Is this the time where the NFL rule gets challenged?  posted by El Kabong

Post Reply Return to Rock's House

Are there new circumstances that would cause the courts to take a fresh look at this?

From Mike Williams' wiki page:

"Ohio State running back Maurice Clarett was suspended by his school following his 2002 freshman year. After being unable to gain reinstatement with Ohio State, Clarett made the decision to declare for the NFL Draft. However, since Clarett was only of true sophomore eligibility, he had to legally challenge the NFL rule that a player must be three years removed from high school to be eligible for the NFL Draft. After a court proceeding, a federal judge ruled that the NFL could not legally bar Clarett from entering the 2004 NFL Draft.

Williams, having completed his sophomore year and only two years removed from high school, made the decision to declare for the 2004 NFL Draft as well after hearing the federal judge's ruling. Williams hired an agent and moved forward presenting himself as a legitimate first round pick (and most, if not all, NFL pundits and NFL personnel agreed that Williams was a first round choice). By declaring his intent to enter the draft, hiring an agent to represent his interests, and filing the NFL paperwork necessary to enter the draft, he made himself ineligible for NCAA reinstatement.

Still, prior to the 2004 NFL Draft the United States Court of Appeals for the Second Circuit overturned the Federal Judge's decision allowing Clarett to enter the Draft. Additionally, the United States Supreme Court refused to hear a final appeal. Clarett and Williams were ineligible for the 2004 NFL Draft.

As Williams was ineligible for NCAA reinstatement, he was required to sit the entire 2004 football season and was not allowed to practice with USC as well."



A new lawsuit in the Second Circuit would be futile
by manofdillon  (2019-01-09 12:09:55)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

Someone could in theory try to sue the NFL in another jurisdiction, hope to get a conflicting appellate court ruling (appellate courts view decisions by other appellate courts as persuasive, but not binding), and then try to get the Supreme Court to take the case to resolve the split between the circuits.

Interestingly, Sotomayor wrote the 2nd Circuit Opinion
by ratinatux  (2019-01-09 15:04:19)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

So, presumably, any challenge would be one vote down out of the gate
Her wise Latina experience doesn't extend
by KeoughCharles05  (2019-01-09 15:26:50)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

to would-be professional male athletes.
Well, S. Ct. rejected cert too...
by ratinatux  (2019-01-09 15:48:51)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

That said, actual S.Ct. precedent is murky enough that it doesn't seem out of the question that a different circuit (particularly the 8th) could rule the other way and set-up a split. Perhaps Squee, PJ, and Moose can crack open some beers and guide the current court in the right direction.
Yeah, without a circuit split, I'd expect that on a case
by KeoughCharles05  (2019-01-09 16:19:20)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

like this.

Maybe Roberts were just perplexed on how to call balls and strikes on this one.