High School Football

WV Supreme Court finds there was no penalty on the playoffs

The first round of the West Virginia high school football playoffs will be played this Friday and Saturday after being postponed for a week due to a court fight.  The path for finally playing the games was cleared following a State Supreme Court decision released Tuesday.

The court ruled in favor of the West Virginia Secondary School Activities Commission, which oversees high school sports, and against Wood County Schools, which sought to change the playoff ratings formula.

As our Joe Brocato reported, “With this ruling the original ratings points formula will be used to determine the seeds for all four classes in the WVSSAC football playoffs.”

The ruling will upset some schools and their fans, while others will cheer the decision. The larger point, however, is in the broader meaning of the decision. “We have repeatedly held that the manner in which the WVSSAC applies its rules is not subject to judicial review,” the Justices wrote.

That is because the legislature has granted authority to the WVSSAC to “exercise the control, supervision and regulation of interscholastic athletic events.”  The  ruling cited a previous case where Justices ruled that “It is well established that courts will not interfere with the internal affairs of such associations or organizations” except in certain circumstances.

In other words, the justice system should not, and will not, get involved in micromanaging the WVSSAC or any other legally constituted association unless there is a really good reason. And usually there is not.

The decision is a reminder that this Court is well aware of its boundaries and reluctant to insert itself where it does not belong. Another example occurred four years ago when the Court refused to block a right-to-work law passed by the legislature.

In its ruling, the court emphasized the importance of the separation of powers and the legislature’s “near plenary authority… to act within constitutional boundaries” on matters of public policy.

Granted, the WVSSAC is not the legislature, but it is a legally created body with authority granted by the legislature to regulate and supervise interscholastic sports. Additionally, its decisions can be appealed to a separate and independent Board of Review, so an appeal process already exists.

The judicial system is often criticized for being activist. In this instance, it is reassuring when a court resists the temptation to try to manipulate something out of its bailiwick.

(Editor’s note: MetroNews has a business relationship with the WVSSAC.  Our company produces and distributes championship events for the organization.)

 





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