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Should we be careful what we wish for?

I found this article on the Commonwealth's suit against the NCAA on CNN. The legal merits of the suit have been discussed by multiple people already. I'm not a lawyer but from what I can tell no one really knows for sure what the courts will do here. No need to get into all that again.

What I found interesting was the closing speculation that if the suit is successful and the sanctions are overturned, that the NCAA could (and would) just go through the normal infractions committee process and ultimately hand down the death penalty. What do other people think about that? Would the NCAA still go after Penn State through normal channels? Would the death penalty be a real possibility?

I'd argue "probably not" and "no" because if the suit is successful, it would give credence to the notion that this was beyond the scope of the NCAA to begin with, and dragging Penn State before the infractions committee (and handing down the death penalty) would look horribly vindictive. But I'm interested in hearing what others think. Could we actually find ourselves wanting to go back to the sanctions if the suit succeeds?

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