Soccer’s Shifting Sands

November 27, 2012

US Soccer has created “Development Academies” for high school age soccer players that prohibit those players from competing on their high school teams.  This has created a nationwide gnashing of teeth to which I contributed in this space on March 9, 2012 – “US Soccer Gets a Red Card.”

It now appears that the effects of US Soccer’s exclusionary policy have been felt in Michigan, as a new cast of characters played leading roles in the MHSAA’s recently completed Lower Peninsula Boys Soccer Tournament and the Michigan High School Soccer Coaches Association’s team rankings tilted from the southeast, home of the state’s two US Soccer Development Academy programs, and toward the west and north.

Divisions 1, 2 and 3 of the MHSAA boys tournament lacked a southeast team in the Finals; and the soccer coaches association did not rank a southeast team in the top two of Divisions 1 and 4, in the top four of Division 3, and in the top eight of Division 2.

Certainly, one year's results is not a trend; there could be other factors at play here.  And it’s also true that some folks are not alarmed, saying any student lost to the US Soccer Development Academy opens up a spot for another student to play for his high school team.

Perhaps that’s so.  Still, it is disconcerting that US Soccer now plans to descend to an even younger level of athlete for its boys development academy and to start a similar program for girls soccer.

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.