Legal Opinion · Concurrence

Ex parte Alabama High School Athletic Ass'n

Supreme Court of Alabama

Decided February 24, 2017No. 1160121; 1160125Published

1ConcurrenceBryan, Justice

I agree that the decision of the Alabama High School Athletic Association (“the Association”) should stand, given the prevailing law and the facts presented here. I write specially to argue that this Court gives too much deference to the decisions of the Association.

In Scott v. Kilpatrick, 286 Ala. 129, 132-33, 237 So.2d 652, 655 (1970), this Court first articulated its general rule of judicial noninterference with the Association’s decisions:

“If officials of a school desire to associate with other schools and prescribe conditions of eligibility for students who are to become members of the…

2Cases cited14 opinions

  1. Brentwood Academy v. Tennessee Secondary School Athletic Assn.Supreme Court of the United States · 2001
  2. Christian Heritage Academy, a Private Corporation v. Oklahoma Secondary School Activities Association, a Not-For-Profit AssociationCourt of Appeals for the Second Circuit · 2007
  3. Bd. of Regents, Etc. v. Natl. Collegiate Athletic Ass'nSupreme Court of Oklahoma · 1977
  4. Morrison v. RobertsSupreme Court of Oklahoma · 1938
  5. Scott v. KilpatrickSupreme Court of Alabama · 1970

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