Thursday, April 22, 2004

Clarett Appeal Denied- End of the Road? As expected by most, Justice Ginsburg has denied Maurice Clarett's motion for an emergency lifting of the 2nd Circuit's stay that will prevent him from entering this weekend's NFL draft. Ginsburg focused on the NFL's willingness to hold a prompt supplemental draft for Clarett and Williams should the ruling be overturned, thus finding no risk of irreparable harm.



The Clarett team has not given up and has filed another emergency appeal with Justice Stevens. I am not sure why Justice Stevens would have any authority in this matter (Justice Ginsburg oversees the 2nd Circuit, thus, her initial involvement). But barring an unprecedented move by Stevens, the draft will continue without Maurice Clarett. And the word from the Ohio State camp is that he will not be welcome back on campus. Other options include Canada and a non-NCAA college.



The NFL still has yet to decide on the case of Mike Williams. As I stated previously, I think the NFL should grant an exception for Williams because of his reliance on the temporary rule change instituted by the league. The only leg the NFL would have is if it warned Williams that his fate was tied to Clarett's, but even then, the league really loses nothing by making an exception. It serves as no precedent, given the unique facts of the matter, and shows that the NFL really does have the players' interests in mind. If the NFL does not grant this exception, I think Williams has an excellent claim against the league for monetary damages.



Update: Justice Stevens also denied the Clarett appeal last night, meaning the decision is final: Clarett will not be in Saturday's draft.

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