With the Commonwealth Court, led by Judge Anne E. Covey, beginning to question the validity of the NCAA's consent decree, Penn State can sit in the background and watch the fight. A battle that Penn State's board of trustees considered waging in 2012 appears ready to take place without the university placed squarely in the cross hairs of controversy.
In August 2012, the board of trustees appeared poised to fire back at the NCAA, an action that would have made Penn State the football-hungry villain. Instead, the board elected to simply take the hand the NCAA dealt and move on with the sanctions.
Now, as The Morning Call reports, the Commonwealth Court might take the steps the board would not. The court voted 6-1 to uphold a law passed by the Pennsylvania Legislature in 2013 that would require the NCAA to spend the money from the fines levied against the Nittany Lions in Pennsylvania, not distribute it to other states.
During that process, Covey looked into the language regarding the consent decree and pointed out that ordinarily the NCAA would not take action in this instance and that "the NCAA involved itself." Her ruling opened the doors for state Sen. Jake Corman to continue pushing against college athletics' governing body. As Corman told the Centre Daily Times:
"I’ve always been uncomfortable with the way the NCAA handed this consent decree on Penn State and the process they went through to do it," Corman said. "Now that (the court) brought Penn State into the case and that they’re not sure that the whole consent decree is valid or constitutional, that’s an area that wasn’t part of our original lawsuit but clearly an area we want to explore now that the court has opened the possibility to do so."
Obviously, the NCAA is on the opposite side, pushing against the ruling that is not only forcing them to keep the fines obtained from Penn State in Pennsylvania. Now, with Covey's decision, the NCAA finds itself facing another legal battle that arose out of nowhere. It is fighting to prove that the organization was within its power to levy sanctions upon the Nittany Lions program.
Meanwhile, Penn State—and all those associated with the university and the program—sits on the sidelines and watches Corman ready himself for battle against the NCAA. The Nittany Lions can hunker down, working to demonstrate compliance to the NCAA to regain lost benefits. All while hoping Corman's lawsuit strikes down the sanctions.
The most recent questioning of the consent decree does not change Penn State's footing; it simply means someone may be fighting for the university without those closer to the program being involved.