Lift
November 11, 2011
Not too long ago there was a television commercial that depicted a huge jumbo jet taking off. Then the pilot spoke about what it takes to lift such a large load off the ground.
The pilot said that to get such a huge weight off the ground you don’t go with the wind. You go against it. He said, “What pushes against us, lifts us up.”
There is no question that this is the recent story for the MHSAA which, momentarily in 2008, was knocked off balance by an adverse judgment by a federal court. In many respects, the MHSAA is stronger – financially and in other ways – because of 2008. The bad times made us better.
I’m hoping we will be able to say the same about local school sports generally a few years from now. That these bad times made us better. That today’s headwinds gave us the lift we needed to reach new and improved heights in school-based sports.
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.