Clarett and the Supreme Court
Let me preface this by saying that Maurice Clarett and anyone else over the age of 18 should, by all legal rights, be allowed to enter the NFL draft. There is no legal reason why the NFL should be able to keep them out as far as I can tell. You can argue that these guys aren’t ready, but since when do they not have the right to try? Teams don’t have to draft them and they have the right to fail if that is the way it is going to turn out. I am not physically ready for the NFL, but I should be allowed to declare myself eligible anyway. If I don’t get drafted, then it all works out.
That being said, a lot of people don’t understand what happened with the Supreme Court today. Clarett’s agent submitted to the highest court to see about getting the lower court’s decision overturned. They didn’t submit to the court to review the legality of Clarett entering the NFL. The justices might actually think that Clarett et al should be allowed to compete for jobs in the NFL, but that wasn’t the question they were answering today. They were really making a statement that it was out of line for them not to let the lower courts take the case through its proper legal path.
The lower court made their decision and so did the Supreme court based on the fact that the NFL has said they will hold a supplemental draft if they end up losing the case. This is why the courts are not forcing the NFL to let the players in the draft today. I agree that a supplemental draft is not totally equal to a regular draft day for the players based on salaries and timing of getting into the NFL, but the case has to go through its proper appeals process.
The bottom line is that the NFL hasn’t won their case, and Clarett hasn’t lost the case. It is still in progress and the Supreme Court decided to let the lower courts fulfill their purpose rather than setting the precedent that they will just come in and overrule a case while it is in the various stages of the legal process. There is a proper way for cases to get to the Supreme Court and just because the timing of the case doesn’t work out in favor of Clarett doesn’t mean that they should overrule the lower court.
Eventually, I do think justice will prevail and whether these kids are ready to play in the NFL or not, they will be given an opportunity to either win a job or fail on their own physical and mental merits rather than their ages. It will only take one or two of these players’ failures to prove that college is the way to go, but the bottom line is that the NFL can’t use age discrimination as a way of keeping them out.
By the way, I am officially making myself eligible for the NFL draft. If any teams would like to take me, I will gladly sign for the league minimum. At this time I would also like to make myself eligible for the NBA draft as well. I can’t skate so I am skipping the NHL draft. Major League Baseball, I would like to let you know I have at least a 37 MPH fastball and a 27 MPH changeup. I await your email.
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When I was in high school, I strongly considered passing up college and declaring myself eligible for the NBA draft. Even though I didn’t play high-school basketball, I thought it would have been funny to send out press releases and see if I could maybe get an agent to return my call.
We had the whole argument over on my site a few months back, and I still think it’s the NFL’s right to set whatever limitations for experience and maturity they want on potential employees. I’d just like to add that Mr. Clarett might have a case, here, but I don’t think he’ll win the appeal. The original judge’s decision is ridiculous, and should be quite easy to defeat on appeal. That is not to say that Maurice shouldn’t have won the case to begin with, just that this judge’s decision isn’t going to hold up, because it’s poorly reasoned.
If I list a job on Amazon that asks for three years experience in electrical engineering and some Eighteen-year-old kid just out of high school applies for it, he can sue me for age discrimination? Viva America!
Yeah… I don’t want to bring this whole thing back up, but it depends on the job. The courts don’t see similarities between electrical engineering education and physical maturity. The NFL isn’t saying, “You must be this tall and this strong and this heavy to enter the NFL,” which would say something about physical skills and abilities. They are saying you need to be 3 years out of highschool, which has nothing to do with abilities to play in the NFL. Maybe indirectly it keeps physically immature players away, but it is not fair to base it strictly on age or years out of high school.
The thing I think a lot of people are overlooking is that the NFL is assuming you’re playing football somewhere during this three year period during which you’re ineligible, be that in NFL europe, the CFL, or college. So saying three years after highschool is tantamount to saying three years of playing experience in some level above high school.
The NFL rule restriction isn’t about size and physical ability. No one’s growing in college, although they may get stronger or faster. The NFL’s rule is about learning to play the game of football at a high level that will prepare you for playing at an NFL level. The same way Dow Chemical is going to want you to have a few years experience in high-level chemical engineering before you start making big batches of Agent Orange for them, the NFL wants you to know the difference between the wishbone and the “I” formation.
And, when the NFL loses this case and changes their rule, hopefully they’ll wise up and word it that way, and also negotiate it with the NFLPA so that everyone will stop bitching.
I think the only solution is for the NFL to let these guys come in and get killed. I don’t think it will be that big a problem if these guys start failing. And while most players WILL stay away, the rare player who is good enough will be able to benefit the NFL game a little early.
Hey look! A pelican!
I have it on good authority that the Kansas City Chiefs will select me with their 8th round pick.