Pennsylvania Treasurer Rob McCord doesn’t think the NCAA’s request to expedite a hearing on its federal case has great grounds.
In a filing Friday in the U.S. District Court for the Middle District of Pennsylvania, McCord opposed the NCAA’s motion from Monday, in which the intercollegiate sports overseers asked the court to rush a hearing and judgment on the constitutionality of the state’s Endowment Act.
“Though previously content with the ordinary progression of the case in accord with its own timetable (including voluntary requests for temporary stays), the NCAA now demands extraordinary relief ...” wrote Pennsylvania Treasury Department chief counsel Christopher Craig.
The NCAA’s request came after Commonwealth Court Judge Anne Covey shot down its request to dismiss the suit brought against it and co-defendant Penn State by McCord and state Sen. Jake Corman, R-Benner Township.
That suit seeks to enforce compliance with Corman’s Endowment Act, keeping within Pennsylvania the $60 million in fine money levied against the university by the NCAA after the Jerry Sandusky child sex abuse scandal.
In that motion for dismissal, the NCAA said it had already agreed to abide by the terms of the Endowment Act, and that made the suit irrelevant. Covey disagreed, saying the consent decree at the heart of the historic sanctions would be debated in court. Days later, the NCAA asked the federal court to remove that option from Covey’s hands.
“... The explicitly stated objective of the NCAA’s expedited request is to interrupt ongoing state judicial proceedings by ‘moot(ing) the controversy,’ ” Craig wrote, calling the request a disregard for “decades of federal jurisprudence.”
McCord and Corman had not opposed the NCAA’s request to dismiss the Commonwealth Court case, saying they would leave the decision in the judge’s hands. Corman has said since Covey’s ruling that he is happy to see a public discussion on the consent decree.