Priorities, Priorities

Now that health care reform has been deferred for a bit and the State of the Union address has been given, the Obama Administration can get to work on some vital issues perplexing our nation. There is one issue that President Obama has decided that stands out which demands immediate and concrete actions. Clearly coordinated interrogation procedures for apprehended terrorists? More comprehensive and internationally coordinated financial institution reform? Coordinated international response to the Iranian nuclear threat following the December 31, 2009 deadline? K-12 education reform? Well, actually, no. But there is one issue that is of vital national importance that the Justice Department is really focused on—the NCAA football championship system. Yes, the Obama Justice Department has decided to invest limited time and resources into investigating whether the NCAA is violating anti-trust rules by the way it has set up its Bowl Championship Series (BCS). Obama was particularly annoyed because this year, Boise State and TCU were undefeated and did not have an opportunity to compete for the championship.
Assistant Attorney General Ronald Welch says the issue “raises important questions affecting millions of fans, colleges and universities, players and other interested parties. Importantly and in addition, the Administration also is exploring other options that might be available to address concerns with the college football post-season.” [Actual true quote] President Obama is said to favor an eight game playoff format.
Fortunately, we at Common Sense have been able to get behind the scenes and get a sneak peak at the Obama Administration’s plans for college football and we were given unique access to some to the key players and decision makers. While still evolving, we were able to garner a look at what college football might look like in the future and were told what some of the key elements of the new structure might be.
White House spokesperson Robert Gibbs indicated that the overall structure will contain elements of some of the best ideas that have been developed since coming into office, and said that “we plan to approach the crisis in NCAA football in a manner that is consistent with the basic philosophy of this Administration. The President believes that workable ideas developed in other areas and departments are readily translatable into this realm. We will borrower the best ideas from the Defense Department, the Treasury, and so forth and will use concepts developed in tried and true legislation, like the Community Reinvestment Act to promote the notions of fairness, justice and equity in this arena that is so important to so many.”

Here are just some of the ideas being floated in Washington to address the NCAA BCS crisis:

· 7% Excise Tax on big school revenues of ranked teams. This is an obvious and easy step for the Obama Administration. Big football schools like Ohio State, Michigan and USC earn big dollars from gate receipts, broadcasting, and paraphernalia. “We think everyone will be better off if we spread it around,” President Obama asserted. Smaller schools like Akron, Illinois State and Montana would have access to this pool of funds to upgrade their programs so that they may eventually be able to compete with national powerhouses. Another measure being considered is a “public option” for small private colleges whose fundraising efforts have fallen short to enable them to tap into tax dollars to enhance their programs.

· 75% surcharge on the amount of coaches salaries that exceed the average faculty salary. “What’s good for the fat cat bankers is good for the fat cat coaches,” Eric Holder said. President Obama took it a step further and said, “There is something wrong with a system in which a guy with a clipboard and a whistle makes forty times as much as a classics scholar and we mean to address that imbalance.”

· Required recruitment of women and gays. A Justice Department spokesperson said, “College football for too long has blatantly excluded certain categories of people. It has an unjustified view of itself as being a “manly” sport and while we cannot dictate who colleges actually offer scholarships to, we can ensure that everyone has an equal opportunity.” Therefore, colleges will be required to set aside time and money for the recruitment of women and gays and document those efforts. “Our experience with CRA has shown that this small administrative burden placed on schools will ensure open access to all,” said Barney Frank, “We can no longer tolerate an oppressive system that excludes individuals by gender or sexual orientation.” While no actual quotas will be imposed at this time, schools will need to demonstrate actual efforts at gender and sexual orientation diversity.

· Eliminate “spread” offense (a open, passing oriented offense) for schools with 4 or more wide receivers with 4.4 speed or better. “It is simply patently unfair for schools with superior speed to use the spread offense to dominate slower schools,” President Obama said, “It is offensive to basic notions of justice. Look, speed is really primarily a function of the proportion of fast twitch muscle fibers an athlete has. Why should we permit a system to exist that allows the use of an accident of birth to dominate others?”

· Each and every penalty will be subject to video review. “There have been just too many cases over the years in which players have been unfairly punished without an adequate review process,” said Attorney General Eric Holder. Holder is said to also be considering requiring each team to retain its own defense counsel, who will also have access to the video review booth and will be empowered to discuss the matter with the head referee. One anonymous player opined, “I’ve been stigmatized by so many incorrect “illegal use of hands” calls that girls won’t even go out with me anymore.” Holder added, “The right of appeal is fundamental in our society. We give terrorists Miranda warnings and defense counsel. Our young men on the field should be entitled to nothing less.”

· Allow players to unionize and bargain. Nancy Pelosi is said to be supportive of this notion. “Look, these kids are, in fact paid athletes. There is no reason they shouldn’t have the same benefits as other union workers.” Eric Holder chimed in, “I would go even further. These young men are required to work for hours in the hot sun in August. Coaches are constantly yelling at them, berating them and asking them to do things that may be beyond their capabilities. It is certainly reasonable to think that they should have a voice in their activities. These union rules could include such things as mandatory breaks and work rules. For instance they would only be required to block a certain number of times per game and not be required to switch positions. Union rules might require that offensive linemen run with the ball or even catch one occasionally instead of toiling away in obscurity. The possibilities are endless.

· Rescue Plans and Bailouts. How this would work exactly is still subject to some debate but the model might be GM. If a team were to lose, say 5 or 6 games in a row, then the government would take over operations. “We wouldn’t want a losing streak to pull all of college football down,” Tim Geithner asserted, “These downward spirals can be difficult to control. Just look at what happened to Charlie Weis at Notre Dame. Notre Dame’s demise put strains on the economics of the entire system.” Treasury would be empowered to replace whole coaching staffs and players as necessary to shore up the system.

· And in a related move, President Obama named science advisor and proponent of legal rights for animals John Holdren as “mascot and logo czar” for the NCAA. Mr. Holdren will be convening a task force comprised largely of PETA and National Wildlife Foundation nominees to determine whether the sensitivities of animals have been offended by using team names such as “Cougars,” “Hawks,” and “Buffalos” (in addition to determining what a “Hokie” actually is) and to investigate whether these species actually may have trademark claims against the NCAA. “In addition to this new frontier, we still have cleanup work to do on the ethnic front,” Holdren said, “It is still outrageous that Irish Americans have to be confronted with that overtly offensive caricature of Notre Dame stereotyping them as pugilists. Most of my Irish American friends are peaceable lads, really, especially after a mug or two of ale,” he noted.

“The fact that Texas was in the BCS is the clearest indication of the neglect of the Bush Administration and the basic unfairness that the Republicans allowed to continue. Taken together, these proposals will ensure that NCAA football addresses some of the egregious inequities and prejudices that have been an unfortunate part of the system since its inception. We believe that these measures will ensure that the game of college football is open for all to enjoy and participate in and that the system is balanced,” President Obama stated, “We need to ensure that we have a fair and open system that is not just for and about the elite athletes and elite colleges and universities.”

Kudos to Ted

I received a couple of emails from liberal friends of mine complaining that my blog had gotten more radically conservative lately. I reminded them that Einstein taught us that motion was relative and that it was the Obama administration that had moved hard left. I have remained still in more or less the same spot I have always been. Although the State of the Union Address gave me plenty of ammunition, I will refrain from commenting on it with two exceptions. First, Obama’s public scolding of the Supreme Court was completely out of line and unpresidential. Second, I almost coughed up my wine when he mentioned transparency and eschewed lobbyists. I can only assume by that comment that he was completely disconnected from the health care bill’s progress over the past 90 days. Last week, Obama merely reaffirmed and activist big spending federal government, with only a token bone or two for the private sector. With liberals carping about my conservative radicalism, that’s all I will say on the State of the Union.

While all eyes were focused this week on Massachusetts and the State of the Union, however, another battle is being waged in California with some unlikely allies. David Boies and Ted Olson, who eight years ago argued on opposite sides of Bush v. Gore, an important case that changed history have today joined forces and are at the front lines of arguing against Proposition 8, which disallows gay marriage in California. Olson has solid Republican credentials, a Federalist Society member and, in addition to arguing for George W. Bush in 2000, was selected by Bush to succeed Alberto Gonzales as attorney general until fierce Democratic opposition force him to withdraw. Olson, I believe is on the side of liberty, and in this case, I am on Olson’s side. While I believe that the family is the fundamental unit of American society, I believe that families are more flexible than just the nuclear family. Individuals marry for a variety of reasons: love, companionship, procreation, and child rearing. As a practical matter, there are economic aspects to it as well. And yes, people still get married in America to preserve there immigration status. I see no reason that long term unions shouldn’t be formally recognized by our society. More and more, we are learning that homosexuality isn’t a “choice” or a “lifestyle”—people are what they are. Moreover, gays are better educated and earn more, on average, than heterosexuals. Our republic cannot be harmed by people that freely enter into long term stable relationships, and I see no real reason why children can’t be successfully reared in that environment. I see no harm in permitting gays to have their long term relationships recognized. There are also some practical reasons in taking a position advocating for gay marriage. First, through the “marriage penalty” the tax code currently favors gays and they should be subject to the same effective tax rates as heterosexuals. Second, my wife is a divorce attorney and it would open up a whole new market for her services. Finally, when I raised this issue with a friend of mine (and Obama supporter), he said, “Why shouldn’t they be free to be as miserable as the rest of us heteros?”

Tongue-in-cheek comments aside, I applaud Ted Olson’s moral courage on this issue. My father was a Chicago police officer who got on the force in the early 1960’s when African Americans were also first coming on to the force in large numbers. He often recounted his revulsion at the way in which black patrolmen were sometimes treated by some of their white colleagues. I do not see sexual orientation in a much different light. I believe it is entirely consistent with the tenets of liberty to permit gays to have their relationships recognized by our society and that it does no harm to fundamental family values. True lovers of liberty live and let live. The military currently is also undergoing its review of its “Don’t Ask, Don’t Tell” policy. Just as it is hard to believe that within my lifetime, there were separate drinking fountains for whites and “coloreds,” twenty five years from now, we will likewise be embarrassed that we did not accord gays full recognition of their relationships under the law and full opportunity to serve our country openly.