No Further Review
December 15, 2015
The rise of instant replay came with the hope if not the promise that errors by officials could and would be corrected. Now we know those expectations are not being realized.
In many cases this fall, we have watched college and professional football instant replay officials stand by helplessly because the rules of replay would not permit them to change the call on the field. In many other cases, we have watched instant replay officials make wrong calls from the replay booth.
We have always known that the high school level would not be able to perform extensive instant replay review – we don’t have the number and quality of camera angles at our games to judge the plays. But now we know that the existence of such technology does not assure the accuracy of decision-making.
So, let the so-called higher levels interrupt and prolong their games with questionable procedures that are resulting in as much acrimony as accuracy. Turns out that on this matter, the high school level is lucky to lack the resources of the college and professional game. For us, there’s no need for further review of further review.
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.