Judge William Jorden of Louisiana's 19th Judicial District Court hears Thursday whether to convert last week's temporary restraining order into a preliminary injunction that would keep the Southeastern Conference from punishing member schools for using former professional athletes in the lawsuit. [1] The SEC wants those protections lifted. No ruling is in the Thursday morning file. WAFB's 6 a.m. CDT dispatch is a setup, not a verdict.
Wednesday this paper reported that the money fight is a conference threatening half a sport's budget while a state court has already barred the penalty, and that no Wednesday ruling should be written. That remains the position. Sunday it reported that college football opened under more than thirty eligibility lawsuits because NIL and revenue-sharing now make a return worth filing over. Thursday is the hearing. LSU must finalize its roster Friday. Clemson is Saturday at Tiger Stadium. [1]
The case names 43 athletes. Two have immediate ties to LSU. Former Ole Miss tight end Dae'Quan Wright has already joined the Tigers, WAFB reported. Former Ole Miss defensive tackle Zxavian Harris has been tied to a move to Baton Rouge. Both played for Lane Kiffin at Ole Miss before signing NFL contracts. [1] Wednesday this paper still had Wright practicing, not announced as signed. Thursday's local file is "already joined." The key question for LSU is not only whether a player may return to college. It is whether that return also bars the conference from punishing the school that uses him. The SEC says those are different questions. [1] WAFB's nut graf is the Friday roster clock. The conference's nut graf is the fine.
In a Wednesday filing, the conference said it does not intend to punish the athletes or declare them ineligible. It claims independent authority to enforce conference rules against schools, coaches, and athletics personnel. [1] [2] "The SEC is not an agent or functionary of the NCAA," commissioner Greg Sankey said in an affidavit. [1] [2] He said memos sent last week outlining penalties did not create new rules. They guided existing bylaws. "No SEC President or Chancellor voted against the direction set forth in these two memoranda," he said. LSU President Wade Rousse abstained. [2]
The penalties the conference has outlined include a fine of up to 50 percent of the sport's annual operating budget and a suspension of up to half the season for the head coach, plus possible loss of voting privileges. [1] Sankey called former professionals a "competitive disadvantage and fundamental unfairness" for athletes who stayed in college, and said each roster spot they fill is one that becomes unavailable to a high-school or less-developed athlete. [2] The SEC also asked Jorden to narrow which of the 43 plaintiffs can pursue claims against the conference, arguing many are fighting eligibility rules that do not directly involve SEC bylaws. [1] [2]
In its filing, the SEC said the central issue is whether the conference can "enforce and require its member institutions to comply with SEC rules." It argues Louisiana law says it can. [2] That is a member-versus-association fight dressed as an eligibility spat. The athletes' lawyers say the conference cannot use school penalties to get around court protections that already cover NCAA eligibility rules. The SEC denies it acted on behalf of, or in coordination with, the NCAA. [1] Sankey's affidavit is the document that makes the split explicit: punish the school, not the player.
Attorney Tony Clayton, representing the athletes, told WAFB that all of the players are expected in court Thursday and that he was told Sankey plans to appear. He said he expects to speak with reporters after the hearing. [1] There is little time between the courtroom and kickoff. Whatever Jorden does Thursday "could quickly force LSU, the SEC and Kiffin to determine what comes next." [1] Fan talk will file cheating or a closed shop. Local television will file chaos before Clemson. ESPN spent the week on eligibility theater. The split the conference wrote down is the story: the men may be eligible and the member may still be fined half a football budget. Thursday decides whether that bar holds. Do not write the order until there is one.
-- AMARA OKONKWO, Lagos