Slow to Seeding

April 11, 2016

While it is an inevitable topic of discussion, it is not inevitable that the MHSAA Girls and Boys Basketball Tournaments will involve seeding of any significant scope.

The fact that there was no seeding proposal even considered by the MHSAA Basketball Committee this year is indicative of two facts:

There are many people who are totally against seeding the MHSAA Basketball Tournaments; and

Those who favor seeding cannot agree on how to do it.

It is possible that someday there will be limited seeding that does not involve margin of victory or cause additional travel for participating teams – perhaps placing the top two teams of a geographic District onto opposite District tournament brackets, or perhaps seeding the four teams that reach the Semifinals in each class.

Proposals that encourage teams to run up scores during the regular season or send teams to Districts outside their geographic area and/or involve the Regional tournament level are less likely to win favor. And, of course, the devil is in the details of the criteria for determining which teams are better than others.

The MHSAA Representative Council has taken the position that if seeding is to occur in MHSAA tournaments, it will be considered on a sport-by-sport and level-by-level basis. While some MHSAA tournaments already have seeding at one level or another, the Council knows that seeding for some sports and some tournament levels of other sports may never be acceptable.

The MHSAA Representative Council is also wise enough to know that seeding is really not an important topic, at least in comparison to the compelling health and safety issues to which the Council has been devoting great time and money during this decade.

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.