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Justices Reject Clarett Appeal

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Times Staff Writers

The last-ditch efforts of Maurice Clarett to make himself available for this weekend’s NFL draft failed Thursday as the Supreme Court twice rejected emergency appeals aimed at bypassing the league’s draft-eligibility rules.

USC receiver Mike Williams, who applied for early eligibility after Clarett’s victory in a lower court, is also ineligible for the draft.

Justice Ruth Bader Ginsburg turned down Clarett’s first request Thursday, saying she saw no reason to lift the stay put in place Monday by the U.S. 2nd Circuit Court of Appeals. She pointed to the league’s promise to stage a supplemental draft for Clarett, a former Ohio State tailback, and other early applicants if the appellate court eventually upholds the decision of a District Court judge, who in February ruled in favor of Clarett.

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A second emergency appeal was quickly rejected by Justice John Paul Stevens. Clarett’s attorney, Alan C. Milstein, said there would not be a third appeal.

“That’s not the route we’re going,” Milstein told Associated Press, refusing to elaborate.

Directly affected by the decisions is Williams, the All-American receiver who opted to forgo his final two years of college eligibility and make himself available for the draft after Clarett won a favorable lower-court ruling. In February, U.S. District Judge Shira Scheindlin ruled that the NFL’s mandate that a player must be three years removed from high school to be eligible for the draft was a violation of antitrust law.

A three-judge appellate panel blocked that ruling, however, saying it needed more time to delve into the issue. Clarett responded by appealing to the Supreme Court.

“Today’s decisions confirm the judgment of the court of appeals and allows us to turn our attention from the courtroom to the draft room,” NFL attorney Jeff Pash said through a league spokesman.

Because Clarett and Williams hired agents, both are ineligible to return to college football without permission from the NCAA. Williams has rejected the idea of playing in Canada or the Arena Football League but has not ruled out the possibility of returning to USC if the NCAA allows it.

Six high school players and a former Pasadena City College player also applied for early draft eligibility.

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The rejection of Clarett’s appeals Thursday might be a good thing for his football future. Had he forced his way into the draft, rather than waiting for a possible supplemental draft, he probably would have dropped into the late rounds, because teams wouldn’t know whether he would be eligible in the fall.

He might have fallen from the second or third round to the sixth or seventh in light of the legal cloud hanging over him.

The same goes for Williams, who was widely considered a top-15 pick.

“By going to the Supreme Court, it was dramatic illustration of what bad advice [Clarett is] getting from his lawyer,” said Gary Roberts, a Tulane University professor and antitrust specialist.

Williams must go through the NCAA’s reinstatement process to regain his eligibility, NCAA spokesman Jeff Howard said this week. The process begins with the university applying to the NCAA for reinstatement on the student-athlete’s behalf, Howard said. The NCAA’s national office reinstatement staff reviews the facts of the case and then renders a decision.

If the university disagrees with the decision, it can appeal to a five-member reinstatement committee for a final decision. There is no set time frame for an appeal for reinstatement, but the impending start of a season of competition can influence the speed, Howard said.

NCAA President Myles Brand has challenged the NCAA staff and membership committees to closely examine cases that are not “black and white,” Howard said.

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USC Coach Pete Carroll said there was no rush to query Williams about his plans.

“They need to let the dust settle on this thing,” Carroll said. “I’m sure in the next couple days we’ll talk.”

Williams did not return phone calls Thursday, but in an interview last week, he said he was prepared to sit out for a year and prepare for the 2005 draft if the NFL blocked him this year.

“I have a really good amount of money right now in the bank,” he said. “I’ll be good for a year.”

Williams said he was thrilled to be out of school and that he had adopted a pro mind-set.

“If I went back to college football, it really wouldn’t be that much fun,” he said.

Williams remains miffed at USC for slights that occurred “behind the scenes” at the university after he decided to make himself available for the draft. Williams said that because of his respect for the school, Carroll and his staff, he preferred to “keep everything in house.”

But, he also said, “there were some unfavorable things that were said to the NFL about me.”

Williams questioned whether it would be fair to come back to USC after other receivers worked hard to seize the opportunity created by his absence this spring. He also said that if he were given a chance to return, he would first request a players-only meeting.

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“I would have to go in front of the team.... Like, ‘Hey, I want you to know I made my decision to leave. It didn’t work out. If you all want me here, I’m glad to be with you all.’ ”

Williams said he was not sure he could be forgiving if another player was in his situation.

“I’d be like, ‘You left. Tough luck. Go somewhere else,’ ” he said.

This week, sophomore running back Reggie Bush said players would welcome Williams’ return.

“You’re a Trojan for life,” Bush said. “I’d welcome him back with open arms.”

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Farmer reported from New York, Klein from Los Angeles.

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