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Message
Found this legal post on the lawsuit against LSU.
Posted on 9/4/26 at 9:00 am
Posted on 9/4/26 at 9:00 am
I found the following post made by an attorney on the lawsuit filed by the SEC. I thought some of you may be interested in reading it.
Posted by Salviati 9/4/26 at 7:10 am
The Anti-Injunction Act (28 U.S.C. § 2283) strictly prohibits a federal court from issuing an injunction to stay ongoing state court proceedings. Because a Louisiana state court judge has already issued a preliminary injunction preventing the SEC from enforcing its "no former pros" rule against LSU, Judge Axon cannot simply issue an order that invalidates or halts the Louisiana state court proceedings.
To avoid a direct violation of the AIA, the SEC specifically framed its complaint around federal constitutional law (the First Amendment) rather than individual player eligibility. The SEC explicitly stated it “does not bring this action to declare any student-athlete ineligible or to prevent any student-athlete from participating in any athletic competition.” By targeting Coach Kiffin and LSU officials in their official capacities for violating the conference's right of expressive association, the SEC is trying to claim it is seeking a separate, forward-looking federal constitutional remedy, rather than an explicit injunction to shut down the Louisiana state court's orders.
Even if the Anti-Injunction Act doesn't completely bar the suit, Judeg Axon must decide whether to dismiss or stay the case entirely under the Colorado River Abstention Doctrine ("CRAD"). This doctrine allows federal courts to abstain from hearing a case when there is a parallel, concurrent state court proceeding and "wise judicial administration" counsels in favor of letting the state court handle it.
Judge Axon will analyze several strict factors, which create a major uphill battle for the SEC's suit remaining in Alabama.
First, under CRAD, Judge Axon should seek to avoid “piecemeal litigation.” This factor strongly favors Kiffin and LSU. If Judge Axon rules that the SEC can punish Kiffin or strip LSU of voting rights for rostering these players, while the Louisiana state court mandates that LSU is legally permitted to roster them, it creates a chaotic scenario of conflicting legal obligations. Federal courts heavily disfavor creating such contradictory rulings.
Second, CRAD requires Judge Axon to examine the order of jurisdiction and relative progress of the two lawsuits. The Louisiana case was filed first, has already seen multiple hearings, and has resulted in an active preliminary injunction. The SEC filed its Alabama suit just hours before a critical roster deadline. Judge Axon may view the SEC's filing as "forum shopping" to escape an unfavorable judicial climate in Louisiana.
Third, CRAD requires Judge Axon to weigh the presence of a federal question. The SEC's primary defense against abstention is that its suit relies on a core First Amendment federal question. While the presence of a federal question usually weights against a federal court stepping aside, the Alabama judge must determine if the SEC's First Amendment argument is a legitimate, distinct claim or simply a repackaged attempt to bypass the Louisiana court's jurisdiction.
Ultimately, Judge Axon is highly constrained. The Anti-Injunction Act prevents Judge Axon from directly overriding the Louisiana state judge's orders. Meanwhile, under CRAD, LSU and Coach Kiffin have a compelling argument that Judge Axon should stay or dismiss the SEC's federal lawsuit to avoid duplicative, conflicting, and chaotic rulings right as the 2026 college football season kicks off.
Posted by Salviati 9/4/26 at 7:10 am
The Anti-Injunction Act (28 U.S.C. § 2283) strictly prohibits a federal court from issuing an injunction to stay ongoing state court proceedings. Because a Louisiana state court judge has already issued a preliminary injunction preventing the SEC from enforcing its "no former pros" rule against LSU, Judge Axon cannot simply issue an order that invalidates or halts the Louisiana state court proceedings.
To avoid a direct violation of the AIA, the SEC specifically framed its complaint around federal constitutional law (the First Amendment) rather than individual player eligibility. The SEC explicitly stated it “does not bring this action to declare any student-athlete ineligible or to prevent any student-athlete from participating in any athletic competition.” By targeting Coach Kiffin and LSU officials in their official capacities for violating the conference's right of expressive association, the SEC is trying to claim it is seeking a separate, forward-looking federal constitutional remedy, rather than an explicit injunction to shut down the Louisiana state court's orders.
Even if the Anti-Injunction Act doesn't completely bar the suit, Judeg Axon must decide whether to dismiss or stay the case entirely under the Colorado River Abstention Doctrine ("CRAD"). This doctrine allows federal courts to abstain from hearing a case when there is a parallel, concurrent state court proceeding and "wise judicial administration" counsels in favor of letting the state court handle it.
Judge Axon will analyze several strict factors, which create a major uphill battle for the SEC's suit remaining in Alabama.
First, under CRAD, Judge Axon should seek to avoid “piecemeal litigation.” This factor strongly favors Kiffin and LSU. If Judge Axon rules that the SEC can punish Kiffin or strip LSU of voting rights for rostering these players, while the Louisiana state court mandates that LSU is legally permitted to roster them, it creates a chaotic scenario of conflicting legal obligations. Federal courts heavily disfavor creating such contradictory rulings.
Second, CRAD requires Judge Axon to examine the order of jurisdiction and relative progress of the two lawsuits. The Louisiana case was filed first, has already seen multiple hearings, and has resulted in an active preliminary injunction. The SEC filed its Alabama suit just hours before a critical roster deadline. Judge Axon may view the SEC's filing as "forum shopping" to escape an unfavorable judicial climate in Louisiana.
Third, CRAD requires Judge Axon to weigh the presence of a federal question. The SEC's primary defense against abstention is that its suit relies on a core First Amendment federal question. While the presence of a federal question usually weights against a federal court stepping aside, the Alabama judge must determine if the SEC's First Amendment argument is a legitimate, distinct claim or simply a repackaged attempt to bypass the Louisiana court's jurisdiction.
Ultimately, Judge Axon is highly constrained. The Anti-Injunction Act prevents Judge Axon from directly overriding the Louisiana state judge's orders. Meanwhile, under CRAD, LSU and Coach Kiffin have a compelling argument that Judge Axon should stay or dismiss the SEC's federal lawsuit to avoid duplicative, conflicting, and chaotic rulings right as the 2026 college football season kicks off.
Posted on 9/4/26 at 9:03 am to LSUTigerblood50
Who the frick wants to read all of that?
Posted on 9/4/26 at 9:03 am to Tiger Ike
quote:
TLDR
It’s actually worth reading.
Posted on 9/4/26 at 9:07 am to LSUTigerblood50
quote:
if the SEC's First Amendment argument is a legitimate, distinct claim or simply a repackaged attempt to bypass the Louisiana court's jurisdiction.
Thanks for posting this information.
But as D.A. Murill said, the SEC trying to make this a First Amendment case is ludicrous
Posted on 9/4/26 at 9:07 am to LSUTigerblood50
Bro really just reposted a thread made by Salviati earlier this morning
Here's what I'm talking about. Looks like it was anchored...
https://www.tigerdroppings.com/rant/lsu-sports/judge-axon-wont-issue-injunctive-relief-more-likely-to-dismiss-or-stay-the-secs-lawsuit/124615661/
What in the bot is going on in here?
Here's what I'm talking about. Looks like it was anchored...
https://www.tigerdroppings.com/rant/lsu-sports/judge-axon-wont-issue-injunctive-relief-more-likely-to-dismiss-or-stay-the-secs-lawsuit/124615661/
What in the bot is going on in here?
This post was edited on 9/4/26 at 9:09 am
Posted on 9/4/26 at 9:07 am to LSUTigerblood50
Could’ve gone with just the last paragraph;
The Anti-Injunction Act prevents Judge Axon from directly overriding the Louisiana state judge's orders. Meanwhile, under CRAD, LSU and Coach Kiffin have a compelling argument that Judge Axon should stay or dismiss the SEC's federal lawsuit to avoid duplicative, conflicting, and chaotic rulings right as the 2026 college football season kicks off.
The Anti-Injunction Act prevents Judge Axon from directly overriding the Louisiana state judge's orders. Meanwhile, under CRAD, LSU and Coach Kiffin have a compelling argument that Judge Axon should stay or dismiss the SEC's federal lawsuit to avoid duplicative, conflicting, and chaotic rulings right as the 2026 college football season kicks off.
Posted on 9/4/26 at 9:08 am to LSUTigerblood50
Took about 2 minutes to read. I learned how to do it as a kid. You guys should try it out
Posted on 9/4/26 at 9:08 am to SloaneRanger
quote:
It’s actually worth reading.
Very much so.
It’s ironic that a message board tied in to LSU has posters who don’t want to read. That’s sad
Posted on 9/4/26 at 9:10 am to MorbidTheClown
Y'all suck arse.. it literally two less than two minutes to read the whole thing and was quite informative.
Posted on 9/4/26 at 9:13 am to saint tiger225
quote:
Bro really just reposted a thread made by Salviati earlier this morning
Why was that thread anchored?
Posted on 9/4/26 at 9:13 am to LSUTigerblood50
This is the most relevant and apropos facet of the Federal Court Lawsuit and how the SEC is having to do an 'end-around' here. Thanks for being a rare intellect around here.
I did some research on this yesterday too but don't expect to get much traction with the Rant! but to your point:
The SEC runs its entire case on a single constitutional hook: the First Amendment right of expressive association, brought via 42 U.S.C. § 1983.
Because LSU and its officials are state actors (instrumentalities of Louisiana), the SEC argues their conduct constitutes state action that forces the conference to associate its brand, competitions, and championships with conduct it has unanimously repudiated. The SEC leans heavily on Boy Scouts of Am. v. Dale (530 U.S. 640) for the proposition that forcing a group to accept members or conduct antithetical to its expressed values violates the group's associational rights.
I'd be curious to see what that Boy Scouts case looks like but this analysis went on further to note:
What the SEC Wants
Count I: A declaratory judgment that the First Amendment protects the SEC's right to disassociate from the defendants' conduct.
Count II: A preliminary and permanent injunction barring LSU from violating the SEC's associational rights and from retaliating against the conference for exercising those rights. Plus attorneys' fees under 42 U.S.C. § 1988.
Notably, the SEC explicitly says it is not asking the court to declare any student-athlete ineligible or to prevent any student-athlete from competing. The suit targets only the institution and its officials.
I did some research on this yesterday too but don't expect to get much traction with the Rant! but to your point:
The SEC runs its entire case on a single constitutional hook: the First Amendment right of expressive association, brought via 42 U.S.C. § 1983.
Because LSU and its officials are state actors (instrumentalities of Louisiana), the SEC argues their conduct constitutes state action that forces the conference to associate its brand, competitions, and championships with conduct it has unanimously repudiated. The SEC leans heavily on Boy Scouts of Am. v. Dale (530 U.S. 640) for the proposition that forcing a group to accept members or conduct antithetical to its expressed values violates the group's associational rights.
I'd be curious to see what that Boy Scouts case looks like but this analysis went on further to note:
What the SEC Wants
Count I: A declaratory judgment that the First Amendment protects the SEC's right to disassociate from the defendants' conduct.
Count II: A preliminary and permanent injunction barring LSU from violating the SEC's associational rights and from retaliating against the conference for exercising those rights. Plus attorneys' fees under 42 U.S.C. § 1988.
Notably, the SEC explicitly says it is not asking the court to declare any student-athlete ineligible or to prevent any student-athlete from competing. The suit targets only the institution and its officials.
Posted on 9/4/26 at 9:13 am to SloaneRanger
quote:
actually worth reading
Debatable
Posted on 9/4/26 at 9:21 am to Meauxjeaux
quote:
literally two less than two minutes
Two plus two = four
Posted on 9/4/26 at 9:24 am to JayVegas702
The real problem here is that the SEC is conspiring against LSU in order to infringe on the players rights! Also, numerous courts around the country have issued TROs and injunctions against the NCAA and the SEC concerning said player's rights! I don't know how that can be ignored by any court in the land! Sorry, I am a LSU fan and have always been a fan of the SEC, but I think the SEC is dead wrong here. I also think that they have opened themselves up to what might be unheard of punitive damages! I don't see how Sankey keeps his job after this.
Posted on 9/4/26 at 9:28 am to LSUTigerblood50
I’ll have to go read it all. Thanks for posting very interesting stuff.
Posted on 9/4/26 at 9:31 am to Revelator
quote:
Thanks for posting this information. But as D.A. Murill said, the SEC trying to make this a First Amendment case is ludicrous
She also said the SEC not being a individual nor a corporation has no 1A standing.
Posted on 9/4/26 at 9:33 am to TigerBR1111
i mean I did...its kind of important to have some type of education on topics before running off and giving your opinion...dont you think?
Posted on 9/4/26 at 9:34 am to MorbidTheClown
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