Controlling Authority

September 22, 2017

On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.

At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”

The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.

For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.

The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.

Big Ten TV

November 11, 2016

The Big Ten Conference likes to say it "appreciates" high school football within its footprint; but the evidence is otherwise.

First, in 2010 the Big Ten adopted a "bye week" to stretch its scheduling that pushed the final game of the Big Ten regular season – with its great rivalries, including Michigan v. Ohio State – to the day on which the high school Football Finals have been scheduled in Michigan for more than three decades. A periodic problem became an every-year plague.

Now the Big Ten has announced it will play and televise games on Friday nights; and in its first year of this new deal, Michigan State will play at Northwestern in a televised game on Friday night, Oct. 27 – the first night of the MHSAA Football Playoffs all across our state. 

So, in 2017 we can thank the Big Ten for damaging the first as well as the last weekend of our high school Football Playoffs.  

The Big Ten's reaction? "We are only playing six games on Friday nights. It could have been much worse."

I expect it will get worse. The greed of college sports knows no limits.