Will the NBA's Disciplinary Action Against LA Clippers Owner Survive a Court Challenge?

Obviously, our hats go off to NBA Commissioner Adam Silver for taking bold and decisive action against rogue and racist franchise owner Donald Sterling.

But will the action taken stand up in a court of law? The Constitution and Bylaws of the National Basketball Association ("NBA") are specifically referred to as a "Contract among the Members of the Association."  Thus the Constitution and Bylaws of the NBA govern everything from who is admitted to ownership, how and whether a team can relocate, and how the league views misconduct and discipline against its Members.  If Donald Sterling does not take his beating like a man, his challenge to the Commissioner's authority will ultimately be settled by the principles of contract law, in a court of law.

The NBA Constitution and Bylaws define the terms "Member", "Owner", and "Player". After defining those terms, the Constitution and Bylaws set out the Commissioner's powers with respect to Misconduct of each in Article 35 of the Constitution and Bylaws.

Article 35 indeed grants the Commissioner wide and sweeping power and authority - over players. In fact, the leading sentence in Article 35  is instructive:  "The provisions of this Article shall govern all players in the Association."  Almost every single sub-paragraph of Article 35 thereafter refers specifically to player misconduct.

Article 35A governs misconduct of those other than players. Sub-paragraphs c and d are the likely battlefields.  Paragraph c gives the Commissioner power to fine an owner up to $1,000,000 for "making a statement" that is prejudicial to the league.  Paragraph d grants the Commissioner power to "suspend for an indefinite period or to impose a fine not exceeding $1,000,000" to a Member whose conduct is "prejudicial or detrimental to the Association." So, the legal question will be: was Sterling's conduct prejudicial or detrimental to the NBA? Its hard to imagine that even Sterling could argue, with a straight face, that his conduct was not detrimental to the NBA.  So my prediction is bye bye Donald Sterling.

Other than the obvious lessons about bigotry and hatred, there are several other lessons to be learned here. One is to never say anything in private that you would not say in public.  The other main lesson is to "rejoice with the wife of your youth" as Proverbs 5:18 suggests.  Just think how much trouble we could all avoid if we followed that one simple admonition!