Urgency

November 8, 2011

I still have in my files and in my mind Joe Klein’s Newsweek editorial of Sept. 21, 1992, that took Bill Clinton to task for his “small themes” during the closing months of his campaign for the U.S. presidency.

Never one to be shy in his bully pulpit at Newsweek (or in his then anonymously published novel Primary Colors based on the 1992 Democratic presidential primary), Klein wrote that Clinton’s late campaign efforts were “rhetorically flaccid, intellectually unadventurous, morally undemanding.”

In response, Clinton’s campaign strategist, James Carville, resorted to a sports metaphor:  “The way to the goal line is to keep running off tackle.  Four yards and a cloud of dust.”

This “take no chances, do no harm, run out the clock” spirit and strategy that so infuriated Klein will not be seen at the MHSAA.  Expectations and efforts will be in continuous crescendo no matter how close the goal line gets.  In fact, as it is with any good football team in the “red zone,” the closer the goal line looms, the greater the sense of urgency there will be.

There is no greater proof at this moment to our most inner circle of constituents – high school athletics directors – than the MHSAA’s work with ArbiterSports to become the first state high school association in America to develop, and to deliver at least initially at no cost to all member high schools, a comprehensive suite of electronic tools for athletic department administration.  This is a responsibility, and risk, that could have been left to others; but we’re being motivated by undertaking the task here and now – first in the nation – so that the product is tailor-made for high school sports, Michigan’s way.

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.