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Judge Axon won't issue injunctive relief. More likely to dismiss or stay the SEC's lawsuit

Posted on 9/4/26 at 7:10 am
Posted by Salviati
Member since Apr 2006
7996 posts
Posted on 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.
This post was edited on 9/4/26 at 7:13 am
Posted by St Augustine
The Pauper of the Surf
Member since Mar 2006
72608 posts
Posted on 9/4/26 at 7:12 am to
Dude fix your title to your opinion. That makes it seem like this has actually happened. A lot of people are going to read it and get excited.
This post was edited on 9/4/26 at 7:16 am
Posted by wesman21
BOOMtown
Member since Jun 2009
3597 posts
Posted on 9/4/26 at 7:12 am to
Correct all around. The SEC IS GRASPING at this point. Just give up already, just blowing conference money on attorneys.
Posted by liquid rabbit
Boxtard BPB®© emeritus
Member since Mar 2006
65103 posts
Posted on 9/4/26 at 7:14 am to
quote:

repackaged attempt to bypass the Louisiana court's jurisdiction.

Exactly. SEC and Sankey are desperate.
Posted by ALTiger
Alabama
Member since Nov 2009
3243 posts
Posted on 9/4/26 at 7:15 am to
Is this AI?
Posted by MOT
Member since Jul 2006
31350 posts
Posted on 9/4/26 at 7:15 am to
quote:

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.
That’s what the SEC wants, and for that reason it is probably what the judge will provide.
Posted by Salviati
Member since Apr 2006
7996 posts
Posted on 9/4/26 at 7:19 am to
quote:

Is this AI?
I got an A in Fed Courts.

This post was edited on 9/4/26 at 7:23 am
Posted by xtremecouture23
Pineville
Member since Sep 2010
1151 posts
Posted on 9/4/26 at 7:21 am to
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quote:

Attention shifts to a forthcoming appeal of the order in Louisiana and the new federal case brought by the SEC against LSU. I’m no Con Law expert but the First Amendment argument seems weak. I don’t believe roster rules should be construed as “expressive association.” Its economic regulation, as many courts have already determined in a world where athletes are paid by schools and through third-party NIL. Why isn’t the SEC focusing on its contract remedy in its own bylaws? If LSU fights, and it’s a big “if,” the SEC may not be pleased with the result
Posted by Salviati
Member since Apr 2006
7996 posts
Posted on 9/4/26 at 7:42 am to
quote:

Dude fix your title to your opinion. That makes it seem like this has actually happened. A lot of people are going to read it and get excited.
The title is correct.

Judge Axon will not issue injunctive relief. She can't. The Anti-Injunction Act prohibits it:
quote:

A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.
28 U.S. Code § 2283
Posted by T1gerNate
Member since Feb 2020
4166 posts
Posted on 9/4/26 at 7:42 am to
Good poast counselor
Posted by elprez00
Hammond, LA
Member since Sep 2011
31664 posts
Posted on 9/4/26 at 7:45 am to
quote:

Exactly. SEC and Sankey are desperate

I really believe they thought lsu would fold as soon as this leaked before the judge issued the ruling.
Posted by IvoryBillMatt
Member since Mar 2020
10744 posts
Posted on 9/4/26 at 7:50 am to
Thanks. Very informative.

Probably won't hear this too much from MSM.
Posted by LigerDropping
Laffy Taffy
Member since Oct 2021
278 posts
Posted on 9/4/26 at 7:53 am to
Messier than you think. The Anti-Injunction Act is a smaller obstacle here than it looks. Section 2283 is not an absolute bar: it carries three exceptions, and under *Mitchum v. Foster* (1972), § 1983 claims fall within the "expressly authorized by Congress" exception. The SEC sued LSU officials in their official capacities for a federal constitutional violation, which puts it squarely in the *Ex parte Young* posture. The Act also reaches less than assumed. It bars orders staying state proceedings, and an injunction telling LSU not to roster particular players halts nothing in Baton Rouge. Judge Jorden's injunction runs against the SEC and NCAA; the federal suit has the SEC as plaintiff. The one real caution is scope of relief: to the extent the SEC asks Judge Axon to declare it free to enforce penalties the state court enjoined, that edges toward a collateral attack.

Colorado River cuts the opposite way from how it is usually framed. It is the narrowest abstention doctrine, and *Moses H. Cone* (1983) weights the balance heavily toward exercising jurisdiction, placing the burden on LSU and Kiffin. Two threshold questions come before any factors. The suits may not be parallel at all: Baton Rouge involves athletes and the NCAA litigating eligibility under the five-for-five rule, while Alabama involves the SEC asserting expressive-association rights against LSU officials. And the state forum is inadequate for the SEC, which appears there as a defendant and cannot obtain affirmative relief. On the factors, piecemeal litigation is weaker than assumed, since ordinary duplicative litigation does not suffice and the two orders can actually be obeyed simultaneously (LSU faces conflicting incentives, not conflicting obligations). Priority and progress is LSU's strongest point. But the federal question factor cuts hard against abstention, and the test is whether the First Amendment claim is legitimate, not whether filing it was strategically convenient. The Big 12's earlier suit against Texas Tech suggests conferences are pursuing this theory generally.

The likelier constraints are ones the abstention framing skips past: personal jurisdiction and venue over Louisiana officials in the Northern District of Alabama, Eleventh Amendment immunity given that the LSU Board is presumably an arm of Louisiana, and *Brillhart/Wilton* discretion if any count is declaratory. Judge Axon is less boxed in than she appears. If the SEC's case falters early, the cause is more likely jurisdictional than doctrinal deference.
Posted by ike221
Loo A Vul
Member since Aug 2006
13943 posts
Posted on 9/4/26 at 7:56 am to
quote:


I really believe they thought lsu would fold as soon as this leaked before the judge issued the ruling.


This isnt Tate and Woodwards LSU

Not anymore

Posted by Recoveringcajun
Banjo country
Member since Aug 2022
2910 posts
Posted on 9/4/26 at 8:03 am to
quote:

I got an A in Fed Courts.


In my experience, L'Enfant was more interested in getting laughs from his students than he was in anything else.
Posted by GeauxGriff
Member since Dec 2022
53 posts
Posted on 9/4/26 at 8:09 am to
What about when teams keep players with criminal histories or other unsavory character issues?

Where does the slippery slope of expressive association end if spending minimal time at a pro camp is offensive to the point of a constitutional crisis?
Posted by IM_4_LSU
McKinney, TX
Member since Mar 2014
14399 posts
Posted on 9/4/26 at 8:11 am to
quote:

I really believe they thought lsu would fold as soon as this leaked before the judge issued the ruling.


But this wasn't LSU. The players were the ones with the lawsuit. Which makes it even more insane they elected to sue LSU. This whole thing is making everyone intellectually dishonest because no one is speaking to the facts they are making assumptions that LSU is behind all this when in reality it is not.
Posted by Barbellthor
Columbia
Member since Aug 2015
11640 posts
Posted on 9/4/26 at 8:37 am to
In other words, "Nah, you're just forum shopping and asserting your initial failed state claim in another jurisdiction by another name, so gtfo."
Posted by Meauxjeaux
102836 posts including my alters
Member since Jun 2005
47535 posts
Posted on 9/4/26 at 9:12 am to
Is this really anchored?
Posted by Trauma14
Member since Aug 2010
6594 posts
Posted on 9/4/26 at 9:48 am to
LSU can ask for a declaratory judgment too. Basically, they can ask the judge; regardless of the merits of the case, will any judgement from this federal lawsuit override the state court? If not, then you must dismiss. Fast way to get rid of this and protection LSU from getting fined.
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