Steve Scalise, Liz Murrill Give LSU Leverage in SEC Lawsuit | TODD HORNE

Greg Sankey, SEC Commissioner
SEC Commissioner Greg Sankey faces mounting legal and political pressure as LSU challenges the conference’s authority in federal court. (Photo credit: SEC)
LSU’s Louisiana Checkmate Has Greg Sankey Playing Defense | Tiger Rag

Todd Horne Column

LSU’s Louisiana Checkmate Has Greg Sankey Playing Defense

Liz Murrill made the SEC justify a lawsuit it refuses to drop. Steve Scalise denied college sports leaders the quick congressional action they wanted. LSU did not merely survive the conference’s power play. It turned the pressure back on Greg Sankey.

Greg Sankey filed a federal lawsuit to put LSU on defense. Three weeks later, the Southeastern Conference is defending why its lawsuit still exists, and the college sports establishment is defending why Congress should hurry to strengthen the governing authority LSU is challenging. That reversal is the LSU power move.

Louisiana Attorney General Liz Murrill forced the first one. House Majority Leader Steve Scalise delivered the second. Neither has won LSU’s litigation, erased the SEC’s rules or placed the university beyond conference authority. What they have done is take away the clean victory Sankey expected when the SEC escalated a roster dispute into an Alabama federal case and raised the possibility of expelling one of its founding members. Sankey still has moves. He no longer has a clean one.

If the conference continues the lawsuit, it must answer LSU’s arguments that the dispute is moot, Alabama lacks personal jurisdiction over the Louisiana defendants, sovereign immunity blocks the claims and the SEC cannot transform a private membership dispute into a First Amendment case. If the conference ends the case, it leaves without the federal declaration it sought. If the SEC presidents revisit sanctions or expulsion, they do so after LSU closed its roster, kept Dae’Quan Wright and Zxavian Harris off the team and allowed the Sept. 10 conference meeting to proceed without interference. If college sports leaders turn to Congress, Scalise has already told them the House will not follow the Senate’s timetable or accept its bill unchanged.

That is the checkmate—not a final legal judgment, but the destruction of Sankey’s original position. He began with LSU surrounded. Now every available path runs through an institution Louisiana can challenge, influence or force to wait.

The SEC Escalated After LSU Removed the Emergency

The conflict began with Wright and Harris, two members of the 2022 signing class who were told their college eligibility had expired before the NCAA adopted its new five-for-five structure. They signed professional contracts after the old rules left them without another college season. When the NCAA later opened a fifth-season path, they sought the same additional year that would have been available had the policy existed before they turned pro.

East Baton Rouge Parish District Judge William Jorden issued a preliminary injunction protecting Wright, Harris and other athletes from enforcement of the rule barring their return. The SEC answered Sept. 3 by suing LSU officials and coach Lane Kiffin in the Northern District of Alabama. It amended the complaint Sept. 8, added Murrill and the individual members of the LSU Board of Supervisors and sought protection for a conference meeting at which LSU’s membership could be considered.

The SEC’s enforcement structure was substantial, but it was not the personal authority of one commissioner. Conference presidents had authorized Sankey to impose specified penalties for violating the former-professional rule, including a coach suspension, a major fine and loss of voting rights. Expelling LSU required a separate two-thirds vote of the SEC presidents. When those presidents and chancellors met Sept. 10, they imposed no sanctions and took no expulsion vote. Reporting later described conference leadership as divided over how far the fight should go.

LSU had already changed the immediate facts. President Wade Rousse told Sankey that Wright and Harris would not be rostered. Kiffin filled the final two places on the 105-man roster with other players. LSU promised not to obstruct the Sept. 10 meeting, and it did not. The players could no longer compete for LSU in 2026, the meeting occurred without interference and the conference did not expel the Tigers. The SEC kept the federal case alive, allowing LSU and Louisiana to stop defending the roster decision and begin attacking the lawsuit.

Murrill Made the SEC Defend Its Own Case

On Sept. 25, Murrill and the LSU defendants moved to dismiss the amended complaint with prejudice. Their central argument is straightforward: The conduct the SEC claimed to fear did not occur and can no longer occur this season. Wright and Harris were not rostered. LSU’s roster is closed. The Sept. 10 meeting came and went without interference. The SEC therefore lacks the imminent injury required to keep a federal controversy alive.

The motion attacks the case from several additional directions. The defendants contend that an Alabama court lacks personal jurisdiction over Louisiana officials for conduct centered in Louisiana, that sovereign immunity protects officials sued in their official capacities and that the SEC has not stated a viable expressive-association claim. They also turn the conference’s membership theory against it: If the SEC possesses the power to remove LSU under its own bylaws, LSU cannot be forcing the conference to remain associated with the university.

Those remain arguments, not rulings. U.S. District Judge Annemarie Carney Axon could accept them, reject them or decide the case on narrower grounds. But Murrill changed which side must explain itself. The SEC filed in Alabama to make LSU justify its conduct. LSU is now requiring the SEC to justify its jurisdiction, its constitutional theory and the continuing existence of its claimed injury.

The conference’s public response showed how sharply the posture had changed. The SEC said it was “deeply disappointed” that the motion arrived during efforts to negotiate a resolution and maintained that concerns about LSU’s commitment to conference rules and shared governance remained unresolved.

That objection exposed the leverage Murrill had taken away. The SEC wanted settlement discussions to proceed while its federal claims remained pending against LSU, its leadership, its Board and Louisiana’s attorney general. Murrill’s answer was that Louisiana would not remain in the lawsuit merely to preserve the conference’s negotiating position. If the SEC would not dismiss the case, the defendants would ask Axon to end it with prejudice.

The court set the briefing schedule Sept. 28. The SEC must respond Oct. 13. Louisiana’s reply is due Oct. 20. Then Washington entered the same timeline.

Scalise Used the House Calendar as Leverage

Later on Sept. 28, the Senate passed the Protect College Sports Act, 77-22. Sen. Ted Cruz wanted the House to return before the election and pass the measure quickly. The NCAA urged its members to push for the Senate language as written and warned that House amendments could prevent the bill from reaching the president before the 119th Congress expires Jan. 3. Scalise publicly rejected that timetable.

In an interview Wednesday reported Thursday morning by The Washington Sun, Scalise said the Senate bill contained “some good elements” but also problems House committee chairmen believed must be fixed. He said the House has “our own process,” predicted amendments after the election and repeatedly framed the objective as allowing schools to govern themselves. The House is not scheduled to return for votes until Nov. 9.

The sequence is the power. The SEC’s response to LSU’s dismissal motion is due Oct. 13. Louisiana replies Oct. 20. The case will be fully briefed for nearly three weeks before the House returns. Any House amendment would send the legislation back to the Senate, making final passage more difficult before the current Congress ends.

Scalise did not mention LSU in the interview or say the House delay was designed to influence the Alabama case. He did not need to make either claim for the effect to be plain. The LSU graduate and longtime university supporter conveyed the House’s position at the precise moment the SEC and NCAA wanted immediate federal action: The House will wait, conduct its own process and write its own language.

That helps LSU. It preserves the existing legal landscape while Murrill’s dismissal arguments mature. It denies the SEC and NCAA the momentum of an immediate federal enactment while LSU is challenging conference power. It also ensures that the House—not the Senate alone—will decide how far antitrust protection extends and whether “self-government” belongs primarily to schools, conferences or the NCAA when those institutions disagree.

Speaker Mike Johnson holds the House’s highest office; Scalise does not outrank him. That was never the point. Scalise’s importance here comes from his role as majority leader and his public description of the House’s legislative plan. Johnson holds the gavel. Scalise told college sports what the House intends to do with the bill. Both men are from Louisiana, but only Scalise has now spoken publicly about this legislation and its timing.

Why This Is LSU’s Unique Checkmate

LSU has not placed itself above the SEC. It has demonstrated that the SEC cannot treat Louisiana’s flagship university as though it were merely another department beneath the conference office.

Sankey can continue litigating, but the SEC must now overcome a dismissal motion built around facts the conference cannot change: the players were never rostered, the roster closed, the meeting occurred and no interference took place. The conference can negotiate, but LSU and Murrill enter those talks demanding dismissal rather than asking permission to escape the case. The SEC presidents can consider additional action, but Sankey cannot expel LSU himself, the presidents declined to impose sanctions Sept. 10 and any renewed punishment would arrive after LSU complied with the former-professional rule for the 2026 season.

Congress cannot provide an immediate reset. The House is out until Nov. 9, Scalise has rejected a quick up-or-down vote on the Senate product and amendments would force another Senate vote. Doing nothing carries a cost, too: LSU remains a conference member, the Louisiana injunction remains in effect and the SEC’s federal claims continue aging after the conduct cited as an emergency disappeared.

The legal outcome remains uncertain. Axon could deny the motion to dismiss. The House and Senate could eventually agree on a bill that strengthens conference authority. The SEC presidents could reach a consensus they did not reach Sept. 10. None of those possibilities restores the simple hierarchy Sankey attempted to establish when the conference sued LSU in Alabama.

Few universities can answer conference power in court and in Congress at the same time. LSU just did.

That is what makes the checkmate uniquely LSU. Few universities possess this combination of brand value, founding-member stature, state sovereignty, an attorney general willing to enter the fight and a congressional delegation occupying the two highest leadership positions in the House. Other schools can object to conference power. LSU has shown it can answer that power in court and in Congress at the same time.

The Impact Reaches Beyond This Lawsuit

For LSU, the immediate gain is leverage. Its dismissal motion will be fully briefed before Congress acts. The university can negotiate without an open roster question hanging over it. Any resolution must account for the possibility that the SEC could lose on jurisdiction, immunity, mootness or the sufficiency of its First Amendment theory.

For Sankey, the damage is institutional rather than personal. The episode has revealed the limits built into the commissioner’s office. The presidents may authorize penalties, but expulsion belongs to them. Courts may restrain enforcement. A state attorney general may invoke sovereign authority. Congress may decline to provide the speed or language conference leaders want. The commissioner remains powerful, but the LSU fight has identified every place where that power depends upon someone else.

For the SEC’s other members, the lesson is not that any school can ignore conference rules. LSU did not. It closed the roster without Wright and Harris. The lesson is that a conference dispute can become something much larger when a commissioner escalates against a public flagship institution supported by its state government.

For Congress, Scalise’s repeated use of the word “schools” creates the question the final legislation must answer. The SEC describes conference governance as the product of rules voluntarily accepted by its members. LSU is itself a public institution with governing authority and constitutional protections. A federal law that promises self-government without identifying whose government prevails will postpone the next lawsuit, not prevent it.

Sankey’s strategic error was not that the SEC defended its rule. Conference commissioners are paid to enforce the policies their members adopt. His error was escalating the dispute as though it would remain inside the SEC’s organizational chart after the conference sued LSU, Louisiana officials and the state’s attorney general. It did not.

The SEC has its bylaws, its commissioner and its office in Birmingham. LSU has a Louisiana court order, a Louisiana attorney general demanding dismissal and a Louisiana majority leader telling Washington that the House will move on its own terms. Sankey tried to establish the SEC’s hierarchy over LSU. LSU answered with Louisiana’s.

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