Clarett Appeals Draft Ruling to U.S. Justices

The day after a federal appeals court had temporarily blocked his path to pro football, Maurice Clarett filed an emergency appeal with the U.S. Supreme Court, hoping to regain consideration in this weekend’s NFL draft.

Clarett’s attorney, Alan C. Milstein, asked the Supreme Court on Tuesday to lift the stay handed down Monday by the 2nd Circuit Court of Appeals that prevented the former Ohio State running back’s draft eligibility. The immediate football future of USC sophomore receiver Mike Williams also hangs in the balance. He declared himself available for drafting shortly after Clarett had cleared the way.

Monday’s ruling put on hold a District Court decision in February that said the league could not mandate that a player be at least three years removed from high school to be draft eligible.

Justice Ruth Bader Ginsburg will handle the Supreme Court case.

Gary Roberts, a Tulane law professor and antitrust expert, said it was highly unlikely the Supreme Court would grant Clarett’s request.

“I would be shocked if the Supreme Court spent more than 30 seconds considering this,” Roberts said. “I think he’s just flailing in desperation. There’s no other option for him. But it’s not going to happen.”

The NFL has agreed to hold a supplemental draft for all the early applicants if the appeals court rules in Clarett’s favor after this weekend.

Several NFL coaches interviewed last month at the league meetings in Palm Beach, Fla., said that if Clarett were successful, it could hurt young players and the league. Many bristled at the thought that they someday might have to study a player’s high school tapes to gauge his abilities.

“Our guys, I’m sure, will catalog” potential early applicants to some extent, said Brian Billick, coach of the Baltimore Ravens, “but I can’t imagine a high school player.... This is not basketball, this is not baseball. This is a different mentality.”

Washington Redskin Coach Joe Gibbs said he would like to see the NFL return to a rule requiring players to finish four years of college before becoming draft eligible.

“I don’t think it’s good for the kids,” Gibbs said of the push for early eligibility. “I don’t think it’s good for anybody.”

Clarett, who played one season at running back for Ohio State, is suing the league for the right to be considered in this weekend’s draft, even though he isn’t three years out of high school, as is required. Besides Clarett and Williams, six high school players filed as early applicants, as did former Pasadena City College cornerback Ronnie McCrae.

San Diego Charger Coach Marty Schottenheimer said players who left school early, even juniors, were “abandoning their youth.”

“The thing that’s overlooked is, what is the emotional development of a 17-year-old?” Schottenheimer said. “From the time I was 17 until I was 23, I thought I had all the answers. I didn’t even know the questions.”

Many critics of the NFL’s three-year rule question the league’s motivation, in part because the league has such a vested interest in keeping college football intact. The NCAA provides a multibillion-dollar farm system and publicity machine that churns out players who are already widely known when they reach the pros.

Jerome Stanley, a Los Angeles attorney and agent who represents several NFL players, predicted that the ripples of a resolution in the Clarett case would reach well beyond football.

“You’d better believe NBA attorneys are studying this right now,” he said. “The reason the NBA doesn’t have an age limit is because the NBA assumes it’s illegal. If the NFL succeeds here, every one of those arguments the NFL made, the NBA is going to make to get an age limit for their sport.”

Bill Cowher, coach of the Pittsburgh Steelers, said his scouts had done background checks on the six high school players who announced their eligibility for the draft.

“It was kind of a joke,” Cowher said.

“The body maturity is very, very important,” he added. “Not to say some of these kids aren’t bigger and faster at earlier ages. But it’s still different in our league. These are fully developed guys physically in the NFL, so that if you come in at an early age, you’re going to leave at an early age.”

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NFL Draft

The first three rounds of the NFL draft will be held Saturday (9 a.m.-4 p.m. ESPN; 4 p.m.-end ESPN2), and the next four Sunday (8-10 a.m. ESPN; 10 a.m.-end ESPN2) . The first-round order:

*--* No Team W-L Other picks 1 San Diego 4-12 2, 3, 4, 5 (2), 6, 7 (3) 2 Oakland 4-12 2, 3, 4, 5, 6, 7 (4) 3 Arizona 4-12 2, 3, 4, 5, 6, 7 4 N.Y. Giants 4-12 2, 3, 4, 5, 6, 7 (2) 5 Washington 5-11 5, 6 6 Detroit 5-11 2, 3, 4, 5, 6 7 Cleveland 5-11 2, 3, 4, 5, 6 (2), 7 8 Atlanta 5-11 2, 3, 4 (2), 5, 6 9 Jacksonville 5-11 2, 3 (2), 4, 5 (2), 6, 7 (2) 10 Houston 5-11 2, 3, 4 (2), 5, 6 (2), 7 (2) 11 Pittsburgh 6-10 2, 3, 4, 5, 6 (3), 7 12 N.Y. Jets 6-10 3, 4 (2), 5, 6, 7 (4) 13 Buffalo 6-10 2, 3, 4, 5, 7 (2) 14 Chicago 7-9 2, 3, 4 (2), 5, 7 15 Tampa Bay 7-9 3, 4, 5, 6, 7 (3) 16 San Francisco 7-9 2, 3, 4, 5, 6 (2), 7 17 Denver** 10-6 2 (2), 3, 5, 6 (2), 7 (3) 18 New Orleans 8-8 2 (2), 3, 6, 7 (2) 19 Minnesota 9-7 2, 3, 4, 5, 6, 7 20 Miami 10-6 3, 4, 6, 7 (2) 21 New England* 14-2 2, 3, 4 (2), 5, 7 22 Dallas 10-6 2, 3, 4, 5 23 Seattle 10-6 2, 3, 4, 5, 6, 7 24 Cincinnati** 8-8 2 (2), 3 (2), 4 (2), 5, 6, 7 25 Green Bay 10-6 2, 3, 4, 5, 6, 7 (2) 26 St. Louis 12-4 3, 4 (2), 5, 6, 7 (2) 27 Tennessee 12-4 2 (2), 3, 4, 5 (2), 6, 7 (3) 28 Philadelphia 12-4 2, 3, 4 (2), 6 (2), 7 (3) 29 Indianapolis 12-4 2, 3, 5, 6, 7 30 Kansas City 13-3 2, 3, 4, 5, 6, 7 31 Carolina 11-5 2, 3, 4, 5, 6, 7, 32 New England 14-2 2, 3, 4 (2), 5, 7 * Via 2003 draft-day trade with Baltimore; **Traded selections

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EARLY APPLICANTS

Players who had been granted special eligibility as a result of the court ruling -- Joe Banks, RB, New Directions Academy High (Baltimore); John Belisle, QB, Capac (Mich.) Community High; Maurice Clarett, RB, Ohio State (soph.); Earl Fields, DT, Appling County High (Baxley, Ga.); Joe Lee, WR, Gates High (Tacoma, Wash.); Ronnie McCrae, DB, Pasadena City College; Ethan Mitchell, RB, Flowers High (Springdale, Md.); Ken Petitt, OT, Redford High (Detroit); Mike Williams, WR, USC (soph.)