Pac-12 legal affairs: Washington Supreme Court grants WSU, OSU request for speedy timeline as critical dates approach

The Cougars and Beavers cannot take control of the conference until the high court rules

The Pac-12’s two remaining schools won a small but significant victory Friday when the Washington Supreme Court granted their request to expedite the review of a conference control case.

After all, Washington State and Oregon State have a December 4 deadline to settle their lawsuit against the conference and the ten departing schools.

The Cougars and Beavers asked the Supreme Court to expedite its review of Washington’s emergency motion to stay a lower court’s ruling that gave WSU and OSU control of the conference’s governing board.

The court’s deputy clerk granted the request on Friday, writing, “A ruling on the emergency motion to stay will be issued by December 4, 2023.”

Prior to the start of college football’s version of free agency, that timeline should provide some clarity on WSU and OSU’s futures. Both schools are at risk of losing top-tier players to other programs, including Pac-12 outbound members.

Plaintiffs’ counsel wrote in their request for expedited proceedings:

“The governance of the Conference cannot be suspended.” WSU and OSU are unable to chart a path forward for the Conference at this critical juncture due to the current briefing schedule and the absence of the preliminary injunction entered by the superior court on November 14, 2023.

“Important Conference events are on the horizon, including the opening of college volleyball and football transfer portals on December 3 and 4, 2023, and critical meetings about the future of the College Football Playoff…

“Respondents also request that the Court issue a decision on the Emergency Motion by December 4, 2023, to avoid the harms discussed above.”

The development brings an end to a hectic week.

— A Whitman County (Washington) Superior Court judge signed a preliminary injunction on Tuesday, giving WSU and OSU control of the Pac-12 governing board.

— On Wednesday, Washington, the defendant filed an emergency motion with the state Supreme Court in Olympia to stay the preliminary injunction on behalf of the other nine departing schools.

— The Supreme Court issued a temporary stay on Thursday, giving both parties time to file legal briefs before deciding on the motion for an emergency stay.

— WSU and OSU filed their opposition to the motion for an emergency stay, as well as a motion to expedite the Supreme Court’s review of the emergency motion, on Friday.

That’s a lot of motions and stays, so here’s a quick rundown:

WSU and OSU cannot take control of the board for the time being, and the Washington Supreme Court has not yet decided whether to grant UW’s motion to stay the preliminary injunction; however, that decision will be made by Dec. 4, as the Cougars and Beavers hoped.

In other words, you’d prefer to be the plaintiffs rather than the defendants at this point, just as a football team would prefer to have the call on the field in its favor before the replay booth examines it, but the legal process isn’t over.

Especially since the case is no longer in the hands of a judge 15 miles from Pullman, but rather of a court 60 miles away in Seattle.