U.S. Soccer Gets a Red Card
March 9, 2012
My previous posting paid compliments to a non-school lacrosse organization which appears to share some of the same perspectives we have for young athletes. Today I express an opposite opinion about U.S. Soccer which has created a “Development Academy” that has announced it is moving to a 10-month season beginning in the fall of 2012.
U.S. Soccer has declared that participants in the Development Academy are prohibited from playing on their local high school teams. This has prompted criticism from high school coaches who in many parts of the country, including Michigan, will lose some of the more accomplished players to the Development Academy.
The academy’s design follows that of powerhouse soccer nations where, however, high school sports do not exist like they do in the United States, where high school students play on high school soccer teams during defined seasons of the year.
The design of the Development Academy and the exclusive participation that U.S. Soccer is promulgating violates the Amateur Sports Act of 1978, which requires national sport governing bodies to minimize conflicts with school and college programs. I was involved in the preparation and passage of that law by the United States Congress; I know what it says and what it stands for. U.S. Soccer is violating the spirit and specific language of the law.
The desire and drive of U.S. Soccer to have U.S. teams excel in international competition is admirable; but its violation of U.S. statutes in the process is deplorable.
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.