Maurice Clarett’s last-ditch plea to the Supreme Court was shot down yesterday, leaving the former Ohio State star running back and Southern Cal wide receiver Mike Williams ineligible for this weekend’s NFL Draft.
Justice Ruth Bader Ginsburg rejected Clarett’s request to bypass the league’s eligibility rules, saying she saw no reason to overturn Monday’s stay by the 2nd U.S. Circuit Court of Appeals that prevents Clarett, 20, from entering the draft two years removed from high school.
Clarett immediately filed a second emergency appeal with Justice John Paul Stevens, but that request was promptly turned down.
“Today’s decision confirms the judgment of the court of appeals and allows us to turn our focus from the courtroom to the draft room,” NFL counsel Jeff Pash said.
Alan Milstein, Clarett’s attorney, had argued in a filing to Ginsburg that his client would “suffer irreparable injury” if he was kept out of the draft. Milstein cited past rulings that opened up Major League Baseball, the NBA and the NHL to younger players and said the NFL’s rule robs his client of an opportunity to enter the multimillion-dollar marketplace.
The NFL countered by insisting younger players are not ready physically and mentally to play professional football.
“From the NFL’s perspective, this was never really about Maurice Clarett,” NFL attorney Gregg Levy said. “It was about a rule that has served the NFLwell, served fans well and served players well for many years.”
Ginsburg ruled against Clarett, citing the league’s promise to hold a supplemental draft if the running back is ultimately successful in his attempt to enter the league.
U.S. District Court Judge Shira Scheindlin had ruled in February that the NFL was unjustly preventing players like Clarett from pursuing their careers, and declared him eligible for the draft. Monday’s stay by the U.S. Court of Appeals reversed that decision and prompted Clarett’s subsequent appeal to the Supreme Court.
Yesterday’s ruling also keeps Williams, who had filed a separate lawsuit against the NFL, out of this weekend’s draft, as well as seven high school players seeking to turn professional.
Williams, a likely first-round pick if eligible, reportedly will drop his lawsuit with a federal court in Manhattan today, then wait to see how Clarett’s case is settled.
“The NFL may have been successful in keeping them out of Saturday’s draft, but there’s always the possibility of the supplemental draft,” said Mike Azzarelli, Williams’ agent.
Clarett may not be quite as ready to give up his fight. He could appeal to yet another Supreme Court justice, or the entire court, but Milstein yesterday said he does not plan to take such action. Milstein reportedly was seeking other legal avenues for his client last night. The appeals court that issued Monday’s stay is expected to make its final ruling in two weeks, leaving open the possibility of a supplemental draft.
If the courts ultimately rule that players less than three years out of high school are ineligible for the draft, Clarett and Williams could find themselves with nowhere to play this season.
Clarett dropped out of Ohio State after he was ruled ineligible his sophomore year for accepting money from a family friend and lying about it to the NCAA and the university. Ohio State coach Jim Tressel said it was “far-fetched” that Clarett would be allowed to come back to play in college.
“From an academic standpoint, unless the NCAA really changes its posture about academics, I think it would be difficult,” Tressel said.
Clarett’s only other option might be to play one year in the Canadian Football League before he is eligible for the NFL Draft in 2005.
Williams, who only hired an agent and declared for the draft after Scheindlin declared Clarett eligible, appears to have a better chance of returning to college. The NCAA could make a special exception for him, and coach Pete Carroll has said it’s possible Williams could come back to USC.
NCAA spokesman Jeff Howard said any appeals for reinstatement would be determined on a case-by-case basis.
“I think it would be premature to decide one way or the other where the membership will ultimately come to rest,” Howard said.
• The Associated Press contributed to this report.
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