ND Supreme Court Rules against the NDSBoHE

[Goon]

Ruling just came in. The North Dakota Supreme Court has ruled against the North Dakota State Board of Higher Education. This is not good for UND. [click to link]

[fightingsioux4life]

Today is the day that UND athletics had its execution date set. Looks like we'll be playing Sioux Falls College in football in the future. Time to mount an education campaign for North Dakotans who think the sanctions are "a small price to pay" because they are not.

[Goon]

Today is the day that UND athletics had its execution date set. Looks like we'll be playing Sioux Falls College in football in the future.

So apparently the ND Supreme court is looking for a fight with the NCAA and the Big Sky Conference?

[PhillySioux]

Kapsner seems to be saying "come back and see us if the voters approve, until then its not our job."

If the voters would exercise their vote in the manner the Board appears to fear, then the issue of whether N.D.C.C. § 15-10-46 is unconstitutional can be adjudicated. However, this Court has indicated that asserting a statute is unconstitutional is not alone sufficient for this Court to take original discretionary jurisdiction.Mun. Servs. Corp., 490 N.W.2d at 706; State ex rel. DeKrey v. Peterson, 174 N.W.2d 95, 100 (N.D. 1970).

[fightingsioux4life]

So apparently the ND Supreme court is looking for a fight with the NCAA and the Big Sky Conference?

They are bowing to "Prime Minister" Al Carlson and his cronies in the Legislature. And if they think they can win a war with the NCAA and the Big Sky Conference, they are insane.

[darell1976]

http://www.inforum.com/event/article/id/356268/group/homepage/

The North Dakota Supreme Court issued an opinion today declaring that it would not address the constitutional issue raised by the State Board of Higher Education, which claimed that the 2011 Legislature’s adoption of a law requiring UND to keep the nickname improperly intruded on the board’s authority.

So its a no decision??

[fightingsioux4life]

Kapsner seems to be saying "come back and see us if the voters approve, until then its not our job."

Horsecrap! It IS their job to determine if the law is unconstitutional; otherwise why have a Supreme Court at all?!?!

If the law is unconstitutional, there is no reason to have a vote on repealing the repeal of the law since the law shouldn't have been inacted in the first place! This is pure genuflecting to Al Carlson. Nice job guys.

[jodcon]

Kapsner seems to be saying "come back and see us if the voters approve, until then its not our job."

For you legal eagles out there, was this the expected ruling at this time, deferring until after a vote?

[UNDBIZ]

http://www.inforum.c...group/homepage/

So its a no decision??

It would appear so. In this case it's a dangerous decision for the home team....

[ScottM]

“There are not enough members of this Court willing to decide the constitutional issue at this time,” Chief Justice Gerald W. VandeWalle and two other justices wrote. “We therefore do not address the constitutional issue, and we decline to enjoin the Secretary of State from placing the referendum measure on the June 2012 primary election ballot.”

In other words, they may revisit the issue again if the June vote sticks a fork in UND's athletic department.

*punt*

[The Sicatoka]

The Board's case confused the issue by addressing the vote and the Sec State at all.

The only issue they should've brought was this --> Is Carlson's Folly constitutional?

[darell1976]

For you legal eagles out there, was this the expected ruling at this time, deferring until after a vote?

If the NDSC is appointed by the govenor then he needs to step in and either demand the SC rule on it one way or another or get rid of them all together.

[UNDBIZ]

If the law is unconstitutional, there is no reason to have a vote on repealing the repeal of the law since the law shouldn't have been inacted in the first place!

How else is the state supposed to use up that $1 billion surplus?? More frivolous spending is needed....

[darell1976]

I can see a huge push by NDSU to stick a knife in UND athletics.

[fightingsioux4life]

Kelley and Faison, with the backing of the NDSBoHE, MUST contact Doug Fullerton and every single member school of the Big Sky Conference and assure them that this ruling is NOT the final word on the matter. They MUST reassure them that the ND Supreme Court can be persuaded to strike this law down. The clock is ticking on this and time is running out.

[fightingsioux4life]

I can see a huge push by NDSU to stick a knife in UND athletics.

In that case, NDSU can give up a portion of their budget to pay for the consequences.

[fightingsioux4life]

The Board's case confused the issue by addressing the vote and the Sec State at all.

The only issue they should've brought was this --> Is Carlson's Folly constitutional?

This isn't the fault of the SBoHE; it's the fault of the ND Supreme Court for not issuing a ruling on an urgent matter that impacts an important state institution. If they are that easily confused, they shouldn't be on the Court in the first place.

[ScottM]

I can see a huge push by NDSU to stick a knife in UND athletics.

What's good for the goose is good for the gander ... perhaps we should petition the NC$$ to put the entire state under sanctions ala Mississippi and South Carolina since NoDak voters may be as complicit as anybody in keeping a "hostile and abusive" moniker strapped around UND's neck.

[fightingsioux4life]

How else is the state supposed to use up that $1 billion surplus?? More frivolous spending is needed....

I don't think adding one more line on the June ballot will make it much more expensive, but I get your point.

[darell1976]

UND = Alcorn State

[fightingsioux4life]

UND = Alcorn State

According to the nickname-at-all-costs crowd, it's "a small price to pay". Unless the ND Supreme Court acts before July 1st, 2012, we'll all find out just how big a price this is going to be.

[darell1976]

Its not even the change of jerseys or even the road playoff games that makes me mad...its what Dale Lennon said. We have lost recruits because of this, and now if we do stay on sanctions forever we will keep losing good recruits to other schools (NDSU, USD, SDSU).

[The Sicatoka]

I just realized the happiest guy in ND today: Reed Soderstrom.

If the court would have ruled in the SBoHE's favor, any chance of success in the case where he represents SL v. the NCAA would have been gone.

[fightingsioux4life]

The ND Supreme Court has revealed today just how spineless they really are. They are going to wait until the June primary vote so that if the "repeal the repeal" effort is voted down, they don't have to rule on the law and tick people off in the process. I think they also are worried about setting a precedent for future relations between the SBoHE and the ND Legislature. Well boys, that's part of your job and you can't handle it you should step down and let someone else take over.

[jodcon]

I just realized the happiest guy in ND today: Reed Soderstrom.

If the court would have ruled in the SBoHE's favor, any chance of success in the case where he represents SL v. the NCAA would have been gone.

While I have no problem cheering for SL in their lawsuit against the Negligent Cashmongerers of Amateur Athletes, I would hate to have to count on that as our last ace in the hole.