Dr. Saturday - NCAAF

My libertarian instincts prohibit me from endorsing any political bromide against the BCS, up to and including the president-elect and Savior's very sensible playoff plan, but the wave of legislative grandstanding and threats against the Series over the last month is a heartening sign that it's not long for this earth. In early December, Congressman Neil Abercrombie of Hawaii called for a Justice Department investigation into the BCS, not long after joining with congressmen from Georgia (whose Bulldogs were jilted in 2007) and Idaho (Boise State was jilted in 2006 after upsetting Oklahoma) to accuse the Series of trade violations last April. A week later, as the Illinois seat was put up for bid and Detroit lurched to the brink of collapse, a pair of congressmen from Texas and another from Chicago picked up the Longhorns' plight in the form of a bill that demanded a playoff under the Federal Trade Commission Act. Everyone can rally around hating the BCS.

It was only a matter of time before the trend trickled down to the states, and none was more likely than Utah, undefeated and uncrowned for the second time in five years, where attorney general Mark Shurtleff (right) targeted the BCS Tuesday as a violation of antitrust laws:

“We’ve established that from the very first day, from the very fist kickoff in the college season, more than half of the schools are put on an unlevel playing field,” Shurtleff said Tuesday. “They will never be allowed to play for a national championship.”
[...]
Shurtleff said his office is still in the initial stages of reviewing the Sherman Antitrust Act to see if a lawsuit can be filed. To succeed in a lawsuit, he would have to prove a conspiracy exists that creates a monopoly.

Shurtleff said he prefers that BCS officials and university presidents solve the problem of excluding some schools from a national title game by creating a playoff system, but added he’s committed to doing whatever it takes to produce change.
[...]
“It’s not about bragging rights. It’s a multimillion dollar—hundreds of millions—business where the BCS schools get richer and non-BCS get poorer,” Shurtleff said.

Translation: It's about bragging rights. And votes -- of course, cheap votes, always. Not including Obama, of the seven prominent politicians who have explicitly targeted the BCS this year, six hail from states with obvious complaints against the system since 2006. And those who hail from states where the BCS is working for the home team? Their view of the relationship between government and football is a little different:

[Florida Rep. Cliff] Stearns, a Republican from Ocala, wrote to U.S. House Speaker Nancy Pelosi on Tuesday asking her to move votes scheduled for Thursday evening and Friday so House members from Florida and Oklahoma can go to the Bowl Championship Series national title game.

Stearns wrote, "As you may be aware, on Thursday January 8, the University of Florida and the University of Oklahoma will play for the national football championship. Members of the Florida and Oklahoma delegations have expressed interest in attending the game as the congressional schedule allows. However, votes are currently scheduled to continue into Thursday night and Friday afternoon. We ask that you move these votes to either Wednesday and/or Thursday morning to allow Members to attend this historic game."

Oddly — or maybe not — none of the other members Stearns referred to as "we" signed the letter ...

Pelosi denied the request, of course. Cal and Stanford didn't come anywhere near the BCS.

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26 Comments

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  1. Michelle H
    1. Posted by Michelle H Thu Sep 03, 2009 4:48 pm EDT

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    As much as I usually hate the idea of government in sports, I'm rooting for the legislators. The universities will NEVER do anything of their own free will. When the business of college football has taken over the game something should be done. And this may be our only hope...
  2. Don
    2. Posted by Don Thu Sep 03, 2009 3:39 pm EDT

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    While I honestly believe that The University of Texas is the best team in the nation, I believe that Utah should be the National Champions, there are no valid arguements against that fact and hopefully the AP voters will afford them that right.
  3. Scott
    3. Posted by Scott Thu Sep 03, 2009 6:49 pm EDT

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    Utah may not be #1 by the BCS. But I hope The school gets all the money from any type of law suit that might come. By the way go blue!!!
  4. 4.0 Point Stance
    4. Posted by 4.0 Point Stance Thu Sep 03, 2009 4:55 pm EDT

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    Doc, you've hit on my pet subject. The NCAA is a walking, talking violation of the Sherman Act. That's what it does, all day, every day - violate the Sherman Act.
    But courts have consistently treated it with kid gloves and allowed it to get away with whatever it wants to, because people kind of like college sports and no one wants to be the mean old judge who shut down football. It's an abomination.
  5. Russ C
    5. Posted by Russ C Thu Sep 03, 2009 3:59 pm EDT

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    Not all conferences are members of the BCS cartel but the BCS determines the national championship. It is an illegal cartel as it excludes non-BCS conference members from direct consideration (auto slots for Big 12 winner over an undefeated non-BCS conference winner). I'm hoping more states join the investigation and a potential lawsuit.
  6. JS
    6. Posted by JS Thu Sep 03, 2009 4:28 pm EDT

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    I have never seen so much stubbornness in the face of years of public discontent than the the BCS hierarchy. It's obvious that with the new ESPN/BCS contract signed through 2014 that it will take a lawsuit or an act of congress to derail the Series. Let's hope Utah pulls through and finally brings the BCS to their knees. Why I can't explain why ESPN never suffered a significant backlash from supporting something so bad for college sports, I know that when the BCS is finally gone, people will reflect more fondly of Bernard Madoff than the BCS capos.
  7. Perry C
    7. Posted by Perry C Thu Sep 03, 2009 8:07 pm EDT

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    Its good to see that with so 'little' going on in this world, congressional members choose to get involved with the BCS and whether Clemens juiced up before playing baseball. I know the commerce clause has been clobbered within an inch of its life but seriously - there must be better things that they can involve themselves with..
  8. Kenny
    8. Posted by Kenny Thu Sep 03, 2009 4:49 pm EDT

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    first off, if you are going to argue that something is a violation of the sherman anti-trust act, it is probably best to blame the right entity. the ncaa would not be the problem in this situation, it would be the bcs. it is important to note that the bcs system is a separate entity from the ncaa.
    the bcs inclusion of other non-bcs teams was in fact a settlement by the government and the bcs, so they would not be in violoation of being a monopoly. the point is other teams can get into the bcs system, thus they do not hold a monopoly over the entire system.
    clearly, i think utah is a very good team, but i heard no one giving legitimate thought to utah being in the championship game before their victory in the sugar bowl. even in a four team playoff, it was going to be highly unlikely that utah played for the championship this year (oklahoma, texas, usc, and florida).
    how far out would we have to go to make sure that no one can complain or whine with a playoff? my guess is pretty far, and like so many playoffs throughout every sport we would eventually see too many teams. i am not necessarily against a playoff, but i would like everything else to still hold some meaning.
  9. corn blight
    9. Posted by corn blight Thu Sep 03, 2009 4:35 pm EDT

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    Hasn't the government proved that they can eff things up more than anyone? You really want the federal government to determine how your college football post-season is structured, you have got to be living on another planet. Things can get worse than the BCS.
    The feds have enough to do. All of this is grandstanding, and in Utah, there's yet another AG who wants to move up the political ladder.
  10. tommy jo jo
    10. Posted by tommy jo jo Thu Sep 03, 2009 6:57 pm EDT

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    Now I am no lawyer, but the problem with the Anti-trust argument against the BCS is this. Given "To succeed in a lawsuit, he would have to prove a conspiracy exists that creates a monopoly." and given that the coaches poll is part of the BCS selection criteria, you would have to argue that all the coaches who participate in this poll are part of this conspiracy. To do that you would have to believe that coaches from the following schools are part of a conspiracy that is against their own interests: (Just selecting a few of the 61 coaches schools) San Jose St, Ohio, Texas El Paso, UAB, North Texas, Buffalo and one Kyle Whittingham at Utah.
    It sucks, but a lawsuit for a conspiracy seems unlikely to succeed.
  11. JS
    11. Posted by JS Thu Sep 03, 2009 4:28 pm EDT

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    Hey, I'd vote for the guy.
  12. marcillac
    12. Posted by marcillac Thu Sep 03, 2009 7:06 pm EDT

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    The one thing we can say beyond peradventure is that the defects in the current process of selecting a college football champion will be dramatically exacerbated by governemnt involvement. Government, atrocious at most things, is particuarly bad at picking winners and loosers and, you know (as the pricness-aspiring-senator-from-New York might say), creating a "fair" system. Whatever the infelicities of the current or past regimes, the will be lamented if this gains any traction. Fortunately, the would hopefully be enough of a consituency of the BCS haves to prevent such an intervention. Let us pray.
  13. mary kay o
    13. Posted by mary kay o Thu Sep 03, 2009 7:23 pm EDT

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    Utah did get robbed of a Championship, Good luck on your law suit Utah.
  14. sirkev66@...
    14. Posted by sirkev66@... Thu Sep 03, 2009 9:24 pm EDT

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    Actually once they wade into the tangled mess of money, power, and bureacracy, the legislators will realize it takes too much time and courage and instead tackle something easier like immigration reform or overhauling the social security system.
  15. JS
    15. Posted by JS Thu Sep 03, 2009 4:28 pm EDT

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    Those who argue that government should have more important things to deal with should also feel that college football, or sports for that matter, shouldn't really matter at institutions of higher learning--including state-sponsored universities. But, fact is, college football and sports in general are extremely important in terms of funding, reputation, tourism, marketing, community lifestyle, entertainment, and the promotion of sportsmanship and FAIR COMPETITION to all student athletes for the rest of their lives. I'd welcome ANY involvement to get us started on a playoff. With a new, lucrative contract, the BCS isn't going away on its own.
  16. Joshua H
    16. Posted by Joshua H Thu Sep 03, 2009 3:23 pm EDT

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    Ah, but this is a government issue. Higher Education is all about $. Boise State and the WAC schools missed out on a big payday based on the current system and they have a legitimate gripe. All these legislators will do is apply pressure on the NCAA and force them to take over the division I post-season like they do with the 3 lower divisions. A 16 team playoff will be a huge spectatcle which will rival the NFL Playoffs in popularity and generate tons of revenue for all schools involved. 11 Conference Champs and 5 at-large bids. If you care about things like the Liberty Bowl, then you probably spend your Friday nights at HS Football games. Grow up.
  17. JDH4USM
    17. Posted by JDH4USM Thu Sep 03, 2009 4:31 pm EDT

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    Hey the BCS treats all conferences equally, only some conferences are more equal than others it would seem.
    Folks, we all learned right from wrong in kindergarten. Any way you spin the BCS, it is just wrong and to continue feeding the animal compounds the injustice!
    A four , six or eight team playoff does not fix the beast, all conferences and independents and several 2nd place finishers need representation for starters. A sixteen tm playoff at minimum would be required to fix the thing.
  18. Eric Fosbury
    18. Posted by Eric Fosbury Thu Sep 03, 2009 3:45 pm EDT

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    So, back to this college football playoff thing...
    I believe I heard Mike & Mike saying this morning that we can't give Utah a ton of credit for beating Alabama, stating that the Tide wasn't motivated to win the game.
    Anyone else see a whole slew of problems here?!? What IF Alabama wasn't motivated to win? Can you blame them? What were they playing for as a team? They lost a game, and were out of the picture. Utah WAS motivated. They wanted to finish undefeated, and show the country that they could beat a difficult SEC opponent. They did all they could do, and still very few people see their record as relevant.
    This is why things must change. Utah's season means nothing - an undefeated team who can't even claim to be part of the national championship picture. And then Alabama - one loss, and then they play what may have been a meaningless bowl game to the majority of the Tide players.
    It's pretty simple - if we have 8 teams in a BCS playoff, every game matters! And if you lose, you don't play anymore! The championship is decided on the field pf play. I'd rather have a controversy surrounding who doesn't make the top 8, NOT which undefeated or one-loss team might have been able to beat one of the two in the championship. Until every great team gets a shot at the title, I'll feel like college football will be lagging behind in excitement.
    I'd just like to stop seeing the championship decided by voters, and what is essentially a single playoff game that consists of the two teams that the voters believe to be the best... at the time. Don't even get me started on the timing of losses.
    Hope everyone enjoys the "championship" game. :)
  19. JS
    19. Posted by JS Thu Sep 03, 2009 4:28 pm EDT

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    Anytone who refuses to consider a team like Utah for #1 this year is as biased as BCS chief Bill Hancock. Unilateral support only for teams in 'real' BCS conferences only propagates this corrupt system longer. If you truly want a playoff, then you have to be willing to accept that any team can rise to the top. I think Yahoo's Dan Wetzel has the right idea: a playoff with 16 teams with ALL conference champions and some at-large bids decided by committee. I hope the Utah attorney general does press forward and expose the BCS for the corruption and monopoly it represents.
  20. 4.0 Point Stance
    20. Posted by 4.0 Point Stance Thu Sep 03, 2009 4:55 pm EDT

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    To clarify, the NCAA is (and has been for many years) an illegal and anticompetitive cartel for reasons entirely unrelated to the BCS. Yet for some reason it gets a free pass and is treated as if it were not a government actor, even though it clearly is at least quasi-governmental.
  21. HUh!!
    21. Posted by HUh!! Thu Sep 03, 2009 10:06 pm EDT

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    hopefully if anything this will dent the bcs and they will open some eyes... utah has the only claim to the title these other teams that are crying for the #1 spot usc and texas well they shouldnt even be in the topic...they didnt do what they were suppose to do and they had very poor bowl games so....but hopefully this will make waves and if obama does anything the next 4 yrs he will stick his big nose into this
  22. Paul E
    22. Posted by Paul E Thu Sep 03, 2009 8:08 pm EDT

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    America wants a playoff system, than American has to boycott the bowls. Don't buy game tickets, and don't watch the games on TV. If we really want to shake things, we should boycott the bowl sponors and any product advertised on TV,
  23. gotcha
    23. Posted by gotcha Thu Sep 03, 2009 4:07 pm EDT

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    like everything else in this country all you have to do is follow the MONEY!! the larger conferences will not and do not want the so called mid-major conferences to intrude up on their monopoly. the money involved is as much as the national debt. network and cable tv pay these people under the counter money to maintain the control they need. until there is goverment control, there will never be a play-off system!!!!!!!!!!!!!! utah 1, usc 2 florida 3 texas 4 okie 5
  24. texas_dead1
    24. Posted by texas_dead1 Thu Sep 03, 2009 4:57 pm EDT

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    The play-off system would be best..16 teams is way too many but 8 would be great. Have them in the major bowl sites..then the final two would meet on a rotating schedule from pasedena to miami..gotta stay warm ya know
    As far as you people that wanna diss oklahoma as lousy i think our record says different..that last idiots poll has us 5th in the nation??..wow...i want what hes taking..ou scored 701 points this year and didnt run up any except missouri just to stick it in chase daniels ass one more time..cocky prick...good luck in the nfl chase lol
  25. Aaron
    25. Posted by Aaron Thu Sep 03, 2009 2:47 pm EDT

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    Utah played a weak schedule and beat a weak Alabama team that was overhyped by the media (like most SEC schools are). Utah would be embarassed against Texas, OU, Ohio State, Florida, or USC.

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