Friday, May 14, 2010

NFL Appeals Williams’ Cases to US Supreme Court

It has now been almost two years since the William’s Wall have tested positive for a banned substance, and after several hearings in a few different courts, the NFL is now appealing the case to the US Supreme Court. As most of you will remember, Minnesota Viking’s defensive linemen Kevin and Pat Williams tested positive for bumetanide, an ingredient in the weight loss supplement StarCaps, that also acts as a masking agent for performance-enhancing drugs. The players are arguing that the drug testing policy agreed to in the collective bargaining agreement of the NFL violates the state law of Minnesota. The NFL, in turn, is arguing that this is a federal case, and the collective bargaining agreement should overrule any conflicting state law, otherwise there will be different rules that apply to different teams depending on in what state they are located.

The case originally was filed in the 8th Circuit Court, where a federal judge then sent the case to state court. The state court ruled last week that the NFL failed to abide by state law in their failure to notify the two players of their positive drug test. However, the judge did rule that this violation was not severe enough to prevent the NFL from suspending the two players. The NFL is appealing the case to the US Supreme Court in an effort to get the decision of the 8th Circuit Court overturned, and have the federal courts hear the case.

Based on the recent developments, it looks as though there is a growing chance that the suspension of the Williams’ will stand. However, the NFL is concerned with more than that. Roger Goodell and the NFL want precedent to be set, because they do not like their authority to be challenged. If there is one thing we have learned since Goodell has taken over, it is that he likes having the authority and ability to make decisions without having them questioned. Look at the personal conduct policy. Goodell has the exclusive power to determine if the policy was violated and what the consequences should be. If a player does not agree with the punishment under the policy, he can appeal he penalty…wait for it…back to Commissioner Goodell. That’s right, you have to plead your case to the very person that handed out the penalty and explain why you think he was wrong. The NFL would also like to establish precedent so other players would not view these proceedings as an opportunity to challenge any future positive tests. So stay tuned to this story to see if the US Supreme Court will even hear the case, and if so, whether a state law can supercede the collective bargaining agreement of a private entity that operates across state lines.

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