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re: Maason Smith suspended Game 1 VS FSU according to Wilson Alexander

Posted on 8/24/23 at 12:45 pm to
Posted by Methuselah
On da Riva
Member since Jan 2005
23350 posts
Posted on 8/24/23 at 12:45 pm to
quote:


I’m assuming (like in criminal cases) whatever was “the rule” at the time is what it goes by. You can’t retroactively apply a “new law” to someone for something that happened years ago and vice versa. Meaning if tomorrow they made “eating Burger King” against the law and you “ate Burger King” today, you could not be arrested for the crime of “eating Burger King” because at the time you did it, it wasn’t against the law.





I thought about that, but this seems like one of those times when the ruling would be retroactive. If the rule is invalid or unconstitutional for the person that filed the original case it should be equally invalid for Smith.

Also, I'm not sure of the exact timing. It seems like the autograph session may have been after the court ruling but before the NCAA had formally implemented it. If that is the case, it was not retroactive to the court ruling. Of course, the ruling itself may have specified when it took effect.
Posted by J2thaROC
Member since May 2018
13078 posts
Posted on 8/24/23 at 2:21 pm to
quote:

I thought about that, but this seems like one of those times when the ruling would be retroactive. If the rule is invalid or unconstitutional for the person that filed the original case it should be equally invalid for Smith. Also, I'm not sure of the exact timing. It seems like the autograph session may have been after the court ruling but before the NCAA had formally implemented it. If that is the case, it was not retroactive to the court ruling. Of course, the ruling itself may have specified when it took effect.


I don’t know. That was just the only thing I could come up with that could somewhat explain it. I guess one could make a case for either argument. Personally it’s crazy to me we didn’t say “he’s ready to play” in the bowl game but “sit him sue to suspension” even if he “technically” wasn’t “healthy enough” to play. As far as I know, the NCAA has no say so on when a player is “healthy enough to play” from an injury like he had. In essence, the NCAA has no guild line saying if a player suffers this specific injury, they are deemed ineligible due to injury for “X amount of time”. The only reason I can come up with that we would not have done what I mentioned above is if we either A: did not know this was coming (which I can’t imagine) or B: thought we would be allowed to select which game he was to sit out.
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