Why hasn't there been any discussions of legal challenges to CFP yet?

Submitted by crg on

Went to espn.com earlier and noticed that they discussed Scott Frost railing against the CFP after UCF won their bowl game to go 13-0 on the season (also noted that the UM "meltdown" in the Outback bowl was listed before the UCF story - no surprise from ESPN).

This is now two consecutive years where undefeated teams (regular season) from non- "power five" conferences were shut out of any playoff opportunity.

For those who recall the BCS years, after several instances of non- autobid teams getting left out (Boise, Hawaii, Utah, etc.), there was a serious movement by politicians to have anti-trust suits filed against the BCS.  This effort had some legitimate substance to it and had a fair shot of getting through the courts (though it would have taken many years, appeals, and a small fortune in legal fees).  The effort ultimately was abandoned, but only because the BCS was changed to CFP (with most experts stating that the legal threat contributed to the accelerated demise of the BCS).  Here are a few timeline links for more info (others can be found):

http://www.espn.com/college-football/news/story?id=4030992

http://archive.sltrib.com/article.php?id=52099442&itype=CMSID

https://www.cbssports.com/college-football/news/outgoing-utah-ag-drops-…

http://www.espn.com/college-football/story/_/id/21936289/scott-frost-cf…

I have not seen any chatter yet about mounting a legal challenge to CFP as was for the bcs, but it seems like it is only a matter of time since all of the arguments (pro/con) are the same.  Personally, I think that as soon as this process starts again, the playoff will expand with some kind of spot for non-P5 teams.

crg

January 1st, 2018 at 7:46 PM ^

The money issue was also true for BCS, yet the legal challenge still was in the works. I assume it will just take more time for the effort against the current CFP to percolate (it was very bipartisan against the BCS - even Obama spoke about it briefly during his 2008 campaign).

lilpenny1316

January 1st, 2018 at 7:38 PM ^

Maybe something will happen if the lawmakers down there make a big stink.  I don't think politicians get nervous if folks in Hawaii, Utah or Idaho are pissed.

M-Dog

January 1st, 2018 at 7:38 PM ^

This is why an 8 team playoff is the sweet spot.

It allows the five P5 champions in, 2 worthy at-larges, and the top G5 team in for political correctness / anti-trust reasons.

The G5 always has a guaranteed seat at the table.

 

JonnyHintz

January 1st, 2018 at 7:55 PM ^

I don’t like the guaranteed G5 team though. I think there has to be a criteria where they have to be ranked in the top 12 or top 15 for them to get in. It’s not so much an argument against UCF, it’s an argument for that off year where the top G5 school is a 10-2 team that barely cracks the top 25 and you’re keeping out one of the top 8 teams. It gives that G5 team a seat under the pretense that they’ve proven themselves to be on a comparable level. Take out UCF and your next best was what... South Florida? Can you really say they should have gotten in over the likes of Wisconsin, Penn State or Washington that would have been in that discussion for an at large spot?

wolverine1987

January 2nd, 2018 at 8:51 AM ^

And BTW, that's right and just. UCF would get DESTROYED by any of the top four teams, as would every G5 team every year. 

And save everyone's tired Boise and now UCF references. Meaningless bowl games where big teams like Auburn and Oklahoma (against Boise) have no incentive after their season ending poorly and then playing a G5 team they take lightly are not ever justifications for letting G5 teams in.

In reply to by SpilledMilk

JonnyHintz

January 3rd, 2018 at 5:35 PM ^

But then you’re a bad bounce away from the best team getting left out. You NEED at large positions if you’re going to have a playoff. Otherwise it’s a farce and in no way determines the best team.

Venom7541

January 1st, 2018 at 7:51 PM ^

I'm now fully on board with an 8 team playoff (no more). Top 7 conference champions with one at large. First round is at top 4 seeds home with the at large not allowed home field since they didn't earn it by winning anything. I think UCF is as good as any of the others.

JonnyHintz

January 1st, 2018 at 8:30 PM ^

Horrible. You’re saying TWO G5 schools would get in over the likes of Alabama, Penn State, or Wisconsin that didn’t win their conference despite them being CLEARLY better. That’s going to piss off the P5 conferences. Ya know.... the conferences that make all the money and drive the interest levels of the NCAA

NittanyFan

January 1st, 2018 at 8:06 PM ^

who truly has a credible claim to "we earned a chance to be Champions!" 

The "non-Power 5" teams in the NYD6 Bowls in the Playoff era ........ Boise in 2014 had 2 loses, Houston in 2015 with an absolutely horrible loss at Connecticut, and Western in 2016 just wasn't credible enough playing in the MAC and w/ a best OOC win of a 6-6 Northwestern team.

I think that's the dynamic at play here. Those Boise, TCU and Utah teams in the late 2000s - those teams had credible arguments for inclusion, more credible than anything we've seen in the 2014-2017 era (outside of 2017 UCF).  Nobody would take a lawmaker seriously if they were advocating for any of the 2014-2016 teams.

Autostocks

January 1st, 2018 at 8:18 PM ^

How do you reconcile any attempt to add more games to the season with concerns for player safety? These are unpaid, amateur athletes, and asking them to play more and more games for the benefit of fans but at the risk of their own health and potentially earnings prospects is unethical.

old98blue

January 1st, 2018 at 8:27 PM ^

I get UCF schedule may not have been as tough as some but they are D1 team but only by name they and all MAC teams etc.. do really have a chance at playing in the playoffs how is this ok UCF beat the team that beat 2 of the 4 playoff teams this year

P51Mustang

January 1st, 2018 at 8:31 PM ^

Not thanks, going to 8 teams will allow more SEC teams in. Not interested in seeing Auburn, Alabam, Georgia in the playoff.  Keep the conference champions being eligible and UCF would be in.

GeorgetownTom

January 2nd, 2018 at 12:15 AM ^

I think we will see 8 pretty soon. The move to 4 teams began when LSU and Alabama played for the national title in 2011. It was the lowest rated title game ever because no one outside the south wanted to see those teams play. Assuming Alabama holds on, we are heading for another boring SEC final that no one outside the south wants to watch. Look, the B1G went 7-1 in bowls. That matters. Perhaps OSU was not a top 4 team (I thought they deserved a spot over Alabama) but the league is going to finish with 3 top 7 teams, 4 top 10 teams, and 6 top 25 teams. That tells me its champ (OSU) deserved a shot at the national title via an 8 team system.

Solecismic

January 2nd, 2018 at 12:21 PM ^

The legal basis is all about government support and the requirement for equal opportunity. When the players aren't being paid and the championship has an uncertain value, it was always going to be a difficult case to make. There's a reason they never filed despite the landscape changing very little. I don't like the current system at all. With 130 schools playing vastly different schedules and with short schedules and young kids learning difficult systems and weather issues and a host of other factors... you can choose a final four, but it's only a political solution. As for what happened this year, it was a reasonable choice of four teams, but the Big Ten was penalized for its structure rather than for not having good teams. Ohio State would have made it if they hadn't played Oklahoma - and it seems ridiculous to provide disincentive for scheduling entertaining September games. FBS football is the only NCAA sport without a playoff system (this 4-team thing is not a playoff, even if they call it one). I'd like that to change. I have no interest in what they're doing now as long as Michigan isn't involved, but I would watch a 16-team tournament. Michigan obviously wouldn't have made a 16-team tournament this year, but it would feel much more relevant. So I'm in favor of either realignment/scrapping conference games/reducing conference sizes/16-team tournament or keeping the current structure and an 11-team tournament with byes to the five major conference champions.

Brianj25

January 2nd, 2018 at 5:48 PM ^

Sherman liability can only be established with respect to restraint of trade. Beyond that, the level of review is rule of reason, meaning a trade practice can only violate Sherman if the practice is unreasonable based on economic factors. It's a losing case, which is why nobody ever actually challenged the BCS despite the constant threats.

kaz

January 3rd, 2018 at 6:15 PM ^

The agreement was that at least one non-power five will be in the top tier bowls.  That wasn't a guarantee in the BCS.

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