rushman wrote:My point remains - the courts aren't going to stop the NCAA - a private organization - from setting their own rules when UND's membership is VOLUNTARY.
You may be right. They might not make them change their rules. But they may side with the tribe on the discrimination side of the lawsuit and the NCAA may not want that kind of damage to their already lowly reputation. Not to mention having to pay any monetary compensation. The NCAA overstepped their boundaries in this situation and they may have to face the consequences. I thought we lived in a democracy. If you give someone the opportunity to vote and they choose not to, than ultimately their vote does not count. As in this case, if the Standing Rock tribe does not at least hold a vote for the people, than the NCAA should uphold the vote from the Spirit Lake tribe. IMO anyways...
Also, since when does government or the courts bow down to private organizations. Just because they make the rules doesn't make the rules constitutionally correct. Racism is racism, discrimination is discrimination! Neither is tolerated at any level of the judicial system.
bow down? wtf? the courts are what they are. they interpret the law. the Constitution, and subsequent laws give wide berth to private organizations to conduct their business as they see fit. That won't change with this suit.
As for the NCAA and their reputation - they aren't going to abandon 20 years of work on these nicknames over this. UND is one of only a handful schools digging in so inexplicably hard... the NCAA views pursuing this as important to their image (much as some may disagree with that conclusion)
The NCAA in no way overstepped their boundaries - they have criteria for membership and are demanding they are adhered to. As for the tribe that opted not to hold a referendum on the matter, that is their choice. We DON'T live in a democracy. We live in a republic - a REPRESENTATIVE democracy, where people elect leaders to make decisions - if they don't like them, they vote those leaders out... that's that. At this point, what's done is done... it's so beyond done that it's hard to imagine what possible roadblock to the inevitable will be thrown up next... but I'm sure something will...