- DOJ reaches largest-ever federal government settlement over auto loan discrimination
- U.S. Navy to start giving gay couples marriage benefits in Japan
- Sen. Harry Reid goes to hospital as a precaution
- Fla.’s Trey Radel exits rehab, ‘excited’ to resume congressional role
- U.S. nuclear general boozed it up, chased ‘hot women’ in Russia: report
- 45 Calif. students at one school test positive for tuberculosis exposure
- Rob Ford on women: Give them cash ‘and they are happy’
- Ku Klux Klan group holds recruitment meeting in Maryland
- Airport assassination: Mayor, 3 others killed at Manila airport
- Tea party-type lawmakers take mysterious, off-books trip to Mideast
Lance Armstrong’s lawsuit dismissed
Question of the Day
NEW YORK — A federal judge in Austin, Texas, threw out Lance Armstrong’s lawsuit against the U.S. Anti-Doping Agency on Monday, a decision that allows the agency’s drug case against the seven-time Tour de France winner to move ahead.
U.S. District Judge Sam Sparks dismissed the lawsuit as speculative.
“With respect to Armstrong’s due process challenges, the court agrees they are without merit,” Sparks wrote in a 30-page order. “Alternatively, even if the court has jurisdiction over Armstrong’s remaining claims, the court finds they are best resolved through the well-established system of international arbitration, by those with expertise in the field, rather than by the unilateral edict of a single nation’s courts.”
In a governing body turf war, the International Cycling Union (UCI) says it has jurisdiction in the Armstrong matter, not USADA. USADA could be challenged before the Court of Arbitration for Sport in Switzerland.
Armstrong still was considering his options.
“On balance, the court finds the USADA arbitration rules, which largely follow those of the American Arbitration Association, are sufficiently robust to satisfy the requirements of due process,” Sparks wrote. “This court declines to assume either the pool of potential arbitrators, or the ultimate arbitral panel itself, will be unwilling or unable to render a conscientious decision based on the evidence before it. Further, Armstrong has ample appellate avenues open to him.”
He cited a 2001 decision by the 7th Circuit in Slaney vs. the International Amateur Athletic Association, an attempt by runner Mary Decker Slaney to overturn an arbitration panel’s decision that she committed a doping offense.
“Federal courts should not interfere with an amateur sports organization’s disciplinary procedures unless the organization shows wanton disregard for its rules,” Sparks said. “To hold otherwise would be to turn federal judges into referees for a game in which they have no place, and about which they know little.”
“UCI has asserted that it has exclusive authority to decide whether charges should be brought in this case and has directed USADA not to proceed further,” Herman said in a statement. “We are reviewing the court’s lengthy opinion.”
By John McAfee
- Breaking Fad: Alligators becoming the new pit bulls for drug dealers, cops say
- D.C. to tout Obamacare among youth waiting for Air Jordans
- Huge backlash mounts over suspension of 'Duck Dynasty' star Phil Robertson
- TARGET credit card theft swells to 40 million victims
- Special ops vets slam military benefit cuts
- Obama: 2014 will be 'breakthrough year' for U.S.
- Dems use new filibuster rules to approve DHS nominee Alejandro Mayorkas under investigation
- Obamacare 'pajamas boy' gets roundly mocked
- Citing 'unfair system,' Obama commutes sentences for 8 crack offenders
- Homeland Security helps smuggle illegal immigrant children into the U.S.
Independent voices from the The Washington Times Communities
Our Choice: Individual responsibility and self-government or the abandonment of the American Revolution
Al Maurer provides a common sense, conservatarian, Constitutional conservative perspective from the battleground state of Colorado
Top 10 handguns in the U.S.
Extraordinary day at Redskins Park
White House pets gone wild!
Let it snow