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.
Destiny
January 9, 2018
Editor's Note: This blog originally was posted May 01, 2012, and the timeless message is worth another read.
A University of Wisconsin football player from my hometown years ago was hit from behind in the closing minutes of spring football practice. It caused an injury that required surgery. That caused him to miss the next fall’s football season; and to protect him from further injury, he was allowed to skip the following spring’s football practice and to work out with the Badgers baseball team.
He ended up leading the Big Ten Conference in hitting, and he eventually received the largest signing contract in the history of professional baseball, becoming the first “Bonus Baby” for Gene Autry’s Los Angeles Angels.
“If not for that injury in football,” he once told an audience, “caused by an unskilled walk-on in the last five minutes of the last spring football practice, I would never have played college baseball. I would never have played Major League Baseball for 11 seasons.
“You never know,” he said, “when you are five minutes from your destiny.”