I don’t think standing would be difficult given previous ruling, kavanaugh’s concurrence and anti-trust, but agree getting an injunction and actually winning that case isn’t as clear.

At the end of the day if BK said they exhausted all appeals then my guess is that they consulted and were told that a legal challenge avenue would either be unsuccessful or would cause more damage long term, whether that be in the severity of this punishment, future punishments or the image of LSU and NCAA investigations as a whole. Sprinkle in that it seems Maason isnt 100% yet and I feel like you gotta trust BK is making the best decision given his options here. People who say this was botched by LSU are probably still complaining that Daniels is starting over Nuss. NCAA being petty but whatever, let them dig their own grave

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Posted by lostinbr

Baton Rouge, LA

Member since Oct 2017

9726 posts

Posted on 8/26/23 at 12:56 pm to ClassActionJackson

quote:
I don’t think standing would be difficult given previous ruling, kavanaugh’s concurrence and anti-trust, but agree getting an injunction and actually winning that case isn’t as clear.

quote:
ClassActionJackson

I should have known a lawyer would correct me when I used the word “standing.”

What I should have said is: I don’t think it’s correct to think this is an open-and-shut case.

You bring up a good point though - given Kavanaugh’s opinion in the Alston case it does seem that the door is open for Maason and/or LSU to bring a case in federal court, which could lead to NIL being further cemented. But when you consider the resources and time (potentially years) that it would take for that case to make its way through the courts, along with the fact that states and the NCAA have now legalized NIL, I’m not sure it’s worthwhile for Smith or LSU. By the time it got to resolution, Smith would be in the NFL anyway. At that point it’s just a distraction for him.

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