Rob McCord is not standing alone against the NCAA.
“Please be advised that Defendant Mark R. Zimmer, in his capacity as the chair of the Pennsylvania Commission on Crime and Delinquency, joins the memorandum of Pennsylvania Treasurer (McCord) in opposition to the NCAA’s motion ...,” said a letter filed with the federal court on Tuesday.
Zimmer and McCord, along with Gov. Tom Corbett and state Auditor General Eugene DePasquale, are being sued in U.S. District Court for the Middle District of Pennsylvania, questioning the constitutionality of the Endowment Act, state Sen. Jake Corman’s legislation that wants the NCAA’s $60 million of Penn State fine money — levied after the Jerry Sandusky child sex abuse scandal — to remain in Pennsylvania.
The NCAA asked this month for an expedited ruling on that constitutionality, with the stated goal of an end run around an upcoming trial in Commonwealth Court that would debate the validity of the consent decree by which the college sports organization got Penn State to accept the sanctions, including the fines.
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“Though the NCAA asserts in its motion ... that it seeks no judgment against defendant Zimmer, the relief that the NCAA requests in its motion ... would directly affect the powers and duties of PCCD under that statute,” the letter, signed by senior deputy general counsel Linda C. Barrett, read.
The letter further stated that the governor, also represented by Barrett, was not taking a position on the motion because he would not be affected by it. She also said that there was a “tentative agreement of the NCAA to voluntarily dismiss the governor as a party defendant in this case.”