Maurice Clarett’s attempt to enter the NFL Draft was blocked yesterday by a federal appeals court panel. However, it left open the possibility he could enter a supplemental draft.
That means Clarett, the former Ohio State halfback, Southern California’s sophomore receiver Mike Williams and seven high school players are not eligible for this weekend’s NFL Draft.
The decision by the 2nd U.S. Circuit Court of Appeals overturned a ruling by an Ohio judge that the NFL was unfairly keeping Clarett and Co. out of the draft. Clarett, who led Ohio State to the national title as a freshman in 2002, was suspended last season by the university for accepting money from a family friend and for lying about it to investigators.
In its two-page order, the appeals court said it stayed the earlier ruling to safeguard the NFL from harm and ensure a more thorough review. It said the NFL had demonstrated “a likelihood of success on the merits” of its argument that players shouldn’t be allowed to enter the NFL Draft until they have been out of high school for three years. College juniors first became eligible for the draft in 1990. The judges also said any damage to Clarett and Williams would be mitigated by the league’s agreement to hold a supplemental draft if the full appeals court doesn’t uphold the panel.
The appeals court’s final opinion probably will be issued after the draft, perhaps weeks from now.
The ruling came on the same day Williams filed his own lawsuit in federal court in Manhattan, saying the NFL had issued conflicting statements about eligibility for the draft, thus causing him to sacrifice his college career. Williams hired an agent, which usually means a player cannot return to play in college.
But Williams’ college coach, Pete Carroll, said it was possible the wide receiver could return to school.
“We’ll continue to help our guy out, just like we did when he was making his decision,” Carroll said. “Nothing definitive has been declared by the NCAA. Some steps would have to be taken for the players to get back into college football.”
Although Clarett never announced he hired an agent, there have been reports he did. He was never cleared by Ohio State or the NCAA to play after being suspended last year for accepting money from a family friend and for lying about it to NCAA and university investigators.
NCAA spokesman Jeff Howard would not comment specifically on the Clarett case, but he said players who hire agents could be reinstated if the school petitions the organization.
“The individual facts of each case ultimately will determine whether or not an athlete is reinstated,” he said.
NCAA president Myles Brand said if the NFL ultimately loses the case graduation rates for football players could decrease significantly.
“Not because of the small number that may be eligible to go to the NFL,” he said, “but rather because of the literally thousands of wannabes who will give up concentrating on their studies, both in high school and college, for that one in a million chance to get in the NFL. And they will be the losers.”
After more than an hour of arguments, though, the appeals court said the NFL showed it could win its case.
“We are pleased that the court has issued a stay,” NFL counsel Jeff Pash said in a statement. “As the court order says, we have ’demonstrated a likelihood of success on the merits.’ We are grateful for the prompt attention the court has given to this matter and we await its decision on the merits.”
U.S. District Court Judge Shira Scheindlin had ruled in February that the NFL was unjustly preventing players such as Clarett from pursuing their careers. Williams was a sure first-round pick. Clarett was expected to be chosen in the third or fourth round. None of the high school players were considered worthy of being drafted.
If a subsequent ruling makes Clarett eligible, the league could hold a supplemental draft, something it has done for players who entered the draft late since 1977, NFL lawyer Gregg A. Levy said.
Such prominent players as Bernie Kosar, Brian Bosworth, Rob Moore and Cris Carter were taken in supplemental drafts, with the teams that chose them forfeiting the corresponding draft pick the following year.
During the hearing, Clarett’s lawyer Alan Milstein said he disagreed with the NFL’s argument that players such as Clarett are not physically ready for pro football. Williams was expected to be a first-round pick; Clarett was expected to be chosen in the second or third round.
“The teams are lining up to hire these guys … because the teams know these players are ready to play,” Milstein said.
Milstein argued the NFL uses colleges as a farm system to develop players for free.
• The Associated Press contributed to this report.
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