Skip to comments.NCAA lawsuit: Potential GOP challenger to Gov. Tom Corbett in 2014 questions lawsuit's timing
Posted on 01/04/2013 12:20:44 PM PST by bjcoop
Republican Bruce Castor who has expressed interest in taking on Gov. Tom Corbett in the 2014 GOP gubernatorial primary said Wednesday's announcement a lawsuit against the NCAA over Penn State's sanction "smacks of political gamesmanship and too little too late.'"
The lawsuit filed in U.S. Middle District Court seeks to have the court lift the sanctions that were imposed on Penn State in the wake of the Jerry Sandusky child sex abuse scandal.
(Excerpt) Read more at pennlive.com ...
Corbett has done a great job and has held the line against the anti-fracking crowd.
He signed Voter ID and helped setup the prosecution of Sandusky and Penn State officials.
With regard to the NCAA, I don’t see how their punishment is fair to current students. Fine the school and punish the school, not the students.
Lastly, Bruce Castor is the typical Philadelphia RINO and is just another Arlen Specter.
Any conservative that supports him will be very sorry.
Corbett has held the line on taxes. That’s what I was expecting him to do. No easy task as somebody in this state seems to have their hand out shouting “gimme gimme gimme” nearly every day.
His 180 on this is troubling. Tells me that he has internal polls showing he’ll lose absent a Hail Mary play for the Paterno kool aid drinkers.
Corbett has done minimal with a GOP legislature. There has been no liquor privatization, attempt on right to work, pension reform etc.
What gives the NCAA the authority to lift 60 million from the taxpayers of Pennsylvania? If they want to punish the football program, fine, shut it down. But, the University gets a great deal of it’s funding from the state (the taxpayers). Did we do something wrong?
Those bills stalled in the Assembly and is the responsibility of weak-kneed Republicans there, not Corbett who has said he would sign it.
The NCAA didn't do this unilaterally. Penn State agreed to it. PSU saw this as much preferable to one option the NCAA had, namely the death penalty for the football program.
I think that this is a great opportunity for the Governor and the legislature to make some serious reforms to Penn State. It receives a lot of money from the state, but has a lot of freedom to what it wants.
The football coach just made more headway in cleaning out the trash at PSU than the sitting governor has done in the past 13 months. Corbett was part of that 11/11 b.o.t. that acted like cowards and all the while individually, as well as collectively, had FAR more interactions with the Second Mile than Joe Paterno or anyone else inside that football program.
By forcing administration changes (with his new contract), like the soon to be ex-athletic director Dave Joyner (another 11/11 b.o.t. holdover), Bill O’Brien at least is leading.
Nerds painted into a corner by the dumb jock coach again. What else is new.
The NCAA may not have touched a penny from the taxpayers of Pennsylvania. Penn State's football program made a profit of $53 million for the 2010-2011 football season (the last season for which Penn State has released financial information).
If they want to punish the football program, fine, shut it down.
That would be ideal. However, shutting the program down for two years would cost the University well over $100 million in revenue it would otherwise receive from the football program - not to mention the revenue lost in the community if no home games are played.
The Athletic department will “borrow” the money from the University. The first $12 million payment is set aside in some sort of escrow. Those profits fund all the other sports. The athletic department as a whole operates at a profit, but they don’t have that kind of money laying around.
That said, if Judge Kane in Harrisburg (first level of Federal Judges) gives the state standing and issues an injunction, then all the sanctions are basically going away.
At least until the ncaa would go to court. The state didn’t ask for an immediate injunction, so it’s unknown if one were to be requested, whether it would be before discovery or after.
Given that the penalties are very time sensitive, the state should have demanded an immediate injunction (imo).
This filing is beyond strange:
Corbett’s AG office has its hands full with indictments against Penn State officials and in the midst of that action the Governor files a lawsuit against the NCAA for what they did to Penn State because of those officials.
Is there some reason that he doesn’t trust the new incoming Attorney General to handle this???
Is he afraid of what she may uncover if she follows through with her campaign promise to investigate Corbett’s flubbing of the Sandusky investigation???
Do you really think those trials are ever going to happen Chip? I don’t.
Corbett is arguing along a few lines:
1. The commonwealth is bringing suit on behalf of its taxpayers, who are a third-party economically harmed by the NCAA's sanctions.
2. The consent decree was signed under duress and is thus unenforceable (i.e. the NCAA gave an ultimatum that it's either the consent decree or the death penalty).
3. The NCAA did not follow its own established processes for issuing punishment (it bypassed its enforcement committee). It purposefully acted in this way to create an anticompetitive environment, which violates antitrust considerations.
If the judge agrees with Point #1 and finds that the commonwealth has standing to bring this suit, I think it's very likely Corbett will win.
After paying for those other athletic programs, the PSU athletic department had a surplus of $31.6 million in 2010-2011, exceeding the previous year's surplus by more than $5 million. Who knows how much the football program/athletic department made in 2011-2012, or 2012-2013; Penn State hasn't disclosed that yet and the records aren't subject to Pennsylvania's open records act.
If we're going to punish the football program, the $60 million represents approximately one year's profit of the football program, or two years' profit of the entire Athletic Department.
Since their only witness is McQueary whose statements have been all over the place, I think the AG’s case is in trouble and Corbett knows it.
That may be why he did a 180 and filed this.
Pension reforem will come. We’ve been waiting to get rid of state stores for 50 years.
I do NOT want Bruce Castor...Eric is right, he’d be Arlen Specter II.
AP link only: story here
Fine. We've already established that Penn State's football program makes over $50 million in profit each year.
Let's make it a $100 million fine payable in two annual payments of $50 million each. That way, it's possible for "the payments to be derived solely from non-commonwealth funds."
In recent discussions with a prominent professor (head of a department), there are at least 2 more law suits against the ncaa coming. Soon. Hope their legal team is eating their Wheaties.
...and cancel all the other ncaa sports at PSU? Or would the state have to step in and fund them in order to be in title 9 compliance?
But as you note in your Post 16, the football program funds the rest of the athletic department. Absent football program dollars, the athletic department faces a $20m shortfall. With a shortfall, they can either make up the difference in state funds or eliminate other sports, neither of which seems like a particularly fair opinion to the taxpayers of the state, some of whom enrolled at PSU to play sports like tennis or lacrosse or whatever.
Plus, your $50m profit number seems pretty inflated. The article to which you linked noted that the p/l numbers didn't include debt service or capital expenditures, which was $35 million. Take that into account, the athletic department runs a deficit of a few million dollars. Minus the football money, that deficit would have to be made up by state funds.
Second, the fact the Athletic Department wants to spend football profits elsewhere doesn't keep them from being football profits.
Or just Penn State football.
It's always been about Penn State football.
This is the kind of nonsense that undermines the Republican party constantly. I would not now vote for Bruce Castor if he were the only candidate. Can’t he run based on fact and history, rather than undermine someone else’s efforts?
What gives the NCAA the authority to lift 60 million from the taxpayers of Pennsylvania?
The 53 million stayed in the athletic dept to fund the rest of the college sports programs many of which are title 9 dictated. Did the women and coaches of the ladies lacrosse team do something wrong?
Where will the state get the money to fund those programs now?
Attendance was down considerably this year and will continue to decline for a decade. Revenues will be down across the board for the football program and the supporting businesses.
I realize that innocent youth were terribly wronged by the actions of a few there. IMO that doesn't give the NCAA the authority to harm the innocent taxpayers, students and student athletes.
Not trying to argue, too painful, just trying to approach things logically. Can't get my head around the concept that a body established to govern college sports can issue monetary fines that will penalize every person in the state.
PSU's membership agreement with the NCAA gives the NCAA the right to "impose appropriate penalties on a member found to be in violation, or recommend to the Council suspension or termination of membership."
In this case, there are issues regarding the failure of the NCAA to act through the Committee on Infractions, and PSU's waiver of action through the COI.
PSU agreed to pay penalties in the case of any violations of the membership agreement.
Castor has said he’d actually pursue right-to-work. Corbett is suing to save face with PSU fans even though this lawsuit may have merit. And now, Corbett is open to regulating gun shows.
Corbett has said there wasn’t much of an appetite to take on right-to-work at this time and he’d rather save the firepower for pension reform. THat would have a bigger impact on the State’s budget and I see it as a bigger priority than right to work at this time.
Also, I believe the players at PSU should not be penalized for the acts of the coaches. NCAA went too far.
As far as regulating gun shows, I don’t know. I’ve not been to one yet but plan on attending one next month. A simple background check is not too much to ask for. Mine took all of five minutes. Beyond that, hands off.