The extent of head coach Jim Harbaugh’s involvement in the rest of No. 3 Michigan’s regular season games will be determined Friday in an unprecedented mid-season courtroom battle in Ann Arbor.
Harbaugh said he plans to be inside the relatively small courtroom at the Washtenaw County Courthouse at 9 a.m. on Friday when a judge will hear his plea to effectively eliminate the remainder of a three-game suspension handed down by the Big Ten last week. He will be joined by lawyers representing Michigan and the Big Ten, standing in front of Judge Timothy Connors and six rows full of onlookers, to argue over whether the coach should be allowed on the sidelines for the Wolverines’ two remaining regular season games against Maryland and No. 2 Ohio State.
Harbaugh said Monday he’d like a chance to speak at the hearing, but didn’t know if that would be possible. Lawyers for Michigan did not respond to calls seeking comment about the hearing. Preliminary injunction hearings can include witnesses called to the stand but more often rely on arguments made by the attorneys, according to Donald Shelton, who served as chief judge in Washtenaw County before retiring to teach in law school at UM-Dearborn.
“If there is a dispute about the facts, which I doubt there will be, the judge may require witnesses or documents,” Shelton said. “The conference then has the similar opportunity to present arguments or evidence.”
Rather than disputed facts, the judge’s decision is more likely to hinge on his interpretation of the Big Ten’s authority to punish the coach through its sportsmanship policy and how the conference rulebook overlaps with the NCAA’s enforcement process.
Connors has an ample amount of discretion, according to legal experts, on how he wants the hearing on Friday to unfold and when he will issue a decision.
For Harbaugh to coach again during the regular season, his lawyers will have the burden to convince Judge Connors that: 1) They have a reasonable chance of proving during a trial that the Big Ten is ignoring its own rules in doling out a punishment now, and 2) Harbaugh’s absence from the team on the next two Saturdays could cause irreparable harm to him, the football program and the university.
Based on what both sides have shared in court filings and a volley of heated letters to one another in the past week, their arguments are likely to focus on two specific parts of the Big Ten rules.
The first is Rule 32, which says when the NCAA initiates an investigation of a Big Ten school, the conference can decide to hand out additional sanctions after the NCAA takes action. In this case, the conference learned of the cheating allegations against Michigan after the NCAA opened an investigation in October. Michigan’s lawyers contend in court documents that the Big Ten and commissioner Tony Petitti “threw out the procedure” in a rush to punish Harbaugh due to pressure from other coaches and athletic directors around the league.
Petitti wrote in a letter explaining the suspension last week that Rule 32 does not exclude him from using a different part of the Big Ten rulebook — the Sportsmanship Policy — to issue punishments when he believes the integrity of competition has been compromised.
Petitti wrote that the evidence he saw from NCAA investigators and other members of the conference provided enough information for him to conclude the in-person scouting operation orchestrated by former staff member Connor Stalions did impact the integrity of competition in Michigan’s games. He said it was up to his discretion on whether to use the sportsmanship policy or the “slower-moving procedures set forth in Rule 32.”
“This language could not be clearer,” Petitti said. “When sportsmanship issues, including the integrity of competition, are implicated by the offensive conduct, the Commissioner is authorized to use the procedures and authority prescribed by the Sportsmanship Policy, even if that offensive conduct also may involve a violation of NCAA or Conference rules.”
Michigan’s lawyers also argued in their motion for a restraining order that the Big Ten’s sportsmanship policy doesn’t give the league the authority to specifically punish Harbaugh. The policy says the Big Ten commissioner can hold accountable either someone “found to have committed an offensive action” or the institution responsible for that person.
“Coach Harbaugh is neither,” his attorneys wrote in their legal filing last week.
Petitti said in his letter Friday the conference did not have any evidence that suggested Harbaugh was aware of the impermissible conduct. Instead, he attempted in delivering his sanction to make a distinction between punishing the institution by removing its head coach from the sidelines and specifically punishing Harbaugh. He said he felt it was an appropriate penalty that avoided harming players by taking away their ability to compete in games while also noting that “the head coach embodies the university for purposes of its football program.”
“This is not a sanction of Coach Harbaugh,” Petitti wrote.
Judge Connors will be asked to parse the semantics of those rule interpretations presented by both sides on Friday. There is no deadline for a decision, but it’s unlikely he would rule directly from the bench during Friday’s hearing. Because the underlying complaint in this case is a civil lawsuit in which Michigan and Harbaugh are seeking damages, the two sides could also agree to a settlement outside of court at anytime including before a restraining order decision is made.
ESPN baseball reporter. Covered the L.A. Rams for ESPN from 2016 to 2018 and the L.A. Angels for MLB.com from 2012 to 2016.
LOS ANGELES — It was the middle of June, the San Diego Padres were in town for what promised to be a heated series against the Los Angeles Dodgers, and Joe Musgrove, their injured ace, had one thing on his mind:
Major league players often send each other jerseys for personalization, to commemorate friendship or admiration or even milestones. But Musgrove had done that only a handful of times in his nine years as a major leaguer — all for former teammates he was once close with, never for a prominent member of the Padres’ biggest rival.
“This is the first that I’ve sent one over in admiration for what someone has done for the game,” said Musgrove, who grew up a Padres fan before ultimately pitching for the club. “I know he’s flooded with them now, and it might seem like a lot, but he’s made a big impact on this game — not only as a player, but for the way he handles himself.”
Kershaw will make his final regular-season start at Dodger Stadium on Friday, in what we now know will be one of the last appearances of his career. But even before the news of his impending retirement became official Thursday, the likelihood of it was high enough for Major League Baseball to extend him a special invitation to this year’s All-Star Game. And for a number of opposing players to seek opportunities to pay respect in their own way, whether it’s offering praise, expressing gratitude or, often, seeking autographs.
Kershaw, 37, has noticed that jersey requests have “slightly increased from years past” but stressed it’s “nothing crazy.” Sometimes a home series will go by and nobody will ask. Others, he’ll be flooded with them. “It’s like they all talk,” Kershaw said. He signs them all, either by listing his accomplishments — 3X NL Cy Young, 2014 NL MVP, 2X WS Champ! as he wrote on one for Colorado Rockies starter Kyle Freeland — or scribbling a brief message. In his mind, it wasn’t long ago that he was on the other side.
“It’s amazing how fast that flips, you know?” Kershaw told ESPN last week. “You don’t think that you’re the old guy until it happens, and then you are. It happens fast.”
But when Kershaw rejoined the rotation in the middle of May, in the wake of offseason knee and toe surgeries, he helped stabilize a staff that had once again absorbed an avalanche of injuries. In August, as the Dodgers’ rotation began to round into form, he found another level, winning all five of his starts while posting a 1.88 ERA. Kershaw is throwing the slowest fastball of his career, offsetting it with a slider that oftentimes lacks its traditional bite and resorting to more inventiveness than ever, even with the occasional eephus pitch. And yet his record is 10-2 and his ERA is 3.53.
“He’s making jokes about how he’s only throwing 86, 87 — and he’s still getting outs,” San Francisco Giants starter Logan Webb said. “To me that’s the most impressive thing.”
Webb was a 12-year-old in Northern California when Kershaw made his major league debut. His high school years coincided with a four-year stretch from 2011 to 2014 that saw Kershaw claim three Cy Young Awards and an MVP, accumulate 72 regular-season victories, tally 895⅓ innings and establish himself as one of the greatest of his era. Competing against him, as a fellow frontline starter on a division rival, hasn’t taken any of the shine away.
Said Webb: “He seems to amaze me every single time.”
Two months ago, Webb shared an All-Star team with Kershaw for the first time and was adamant about securing a jersey from him, even though, he said, “I usually feel awful asking guys.” On Friday, Webb will watch from the opposite dugout as Kershaw makes what might be the final Dodger Stadium appearance of his career, depending on how he factors into L.A.’s October plans.
The Dodgers boast a six-man rotation at the moment, and two of those members, Yamamoto and Snell, are basically guaranteed to start in a best-of-three wild-card series. The third spot would go to Ohtani, unless the Dodgers surprise outsiders by deploying him as a reliever. Then there’s Glasnow, who was lavished with a $130 million-plus extension to take down important starts, and Sheehan, a promising right-hander who has been effective out of the bullpen.
Kershaw wasn’t healthy enough to contribute to last year’s championship run and wants nothing more than to help with this one. But he’s also realistic.
“We’ll see,” Kershaw said. “We’ll see what happens. My job is just to pitch well. Whatever decision they make, or if I get to make a start or do whatever — they’re going to make the best decision for the team. I’ll understand either way. Obviously making it hard for them is what I want to do.”
Dodgers manager Dave Roberts doesn’t know what role Kershaw might play on a postseason roster, but he said “there’s a place for him” on it.
“The bottom line is I trust him,” Roberts said. “And for me, the postseason is about players you trust.”
ANDREW ABBOTT SAT alongside Cincinnati Reds teammate Chase Burns in Dodger Stadium’s first-base dugout on Aug. 26 and couldn’t understand what he was seeing.
“Is that a changeup?” he asked.
Kershaw famously doesn’t throw many changeups, largely because he has never been confident in his ability to do so. But suddenly Abbott was watching him uncork a pitch that traveled in the low 80s and faded away from opposing right-handed hitters, the continuation of a split-change he began to incorporate a couple years ago. To Abbott, it spoke to the ingenuity that has extended Kershaw’s effectiveness.
“He knows what he’s doing,” Abbott said. “He can just figure things out on the fly.”
The Reds’ third-year starting pitcher had shared a clubhouse with Kershaw for the first time during the All-Star Game in Atlanta this summer. He wanted so badly to pick his brain about pitch sequencing, but he also didn’t want to waste Kershaw’s time; he made small talk about their Dallas ties and left it at that.
Six weeks later, when the Reds visited Dodger Stadium, Abbott made it a point to provide a visiting clubhouse attendant with a Kershaw jersey to be sent to the other side for a signature. He already had one of Christian Yelich, who represented his first strikeout; Edwin Diaz, the brother of his former teammate, Alexis; Joey Votto, a Reds legend; and Aaron Judge, arguably the best hitter on the planet. Abbott initially didn’t want to bother Kershaw, worried that he might just be adding to an overwhelming pile, but he couldn’t run the risk of missing what might be his final opportunity.
“I watched Kersh since I was a kid,” Abbott said. “I mean, I was 9 when he debuted. I just like to have guys that I’ve watched and I’ve kind of idolized. Those are the ones I go after. It’s cool that you’re in the job with him, too.”
After spending the past four years pitching for two of their biggest rivals — first the Padres, then the Giants — Snell signed a five-year, $182 million contract with the Dodgers over the offseason and told president of baseball operations Andrew Friedman that he wanted his locker next to Kershaw’s. Snell’s locker neighbored Kershaw’s in spring training, and he now resides just two lockers down inside Dodger Stadium’s newly renovated home clubhouse.
As a fellow left-hander, Snell has tried to soak up as much as he can from watching Kershaw, specifically how he utilizes his slider. He has learned, though, that a lot of his success is driven by his mindset.
“He never gives in,” Snell said. “He’s a competitor. And you can’t, like, train that or teach that. You either have it or you don’t. And he’s very elite at competing. The game comes, and he’s the best version of himself.”
Snell arrived in the major leagues as a 23-year-old former first-round pick. But he did not believe he would stay very long, so he made it a point to gather as many personalized jerseys as he could. He already has two framed Kershaw jerseys hanging on an office wall littered with other sports memorabilia, but the end of his first year with the Dodgers has left him wondering if he has enough.
Said Snell: “I might get me another one.”
TO THOSE WHO have observed Kershaw throughout his career, the thought that he would even allow himself to be mic’d up while pitching in a game — let alone revel in it — stood as a clear indication that this would probably be it. Roberts, who managed the National League All-Stars earlier this summer, noticed a more reflective, appreciative side to Kershaw even before he took the mound for his 11th Midsummer Classic.
Roberts noticed it when Kershaw addressed his NL teammates before the game, reminding them this was an opportunity to honor those who got them there. He noticed it 13 days before that, on the night of July 2, when Kershaw finished a six-inning outing with the 3,000th strikeout of his career and spilled onto the field to acknowledge the fans. Most of all, he’s noticed it through the ease with which Kershaw seems to carry himself this season. “The edges,” Roberts said, “aren’t as hard anymore.”
“He knows he’s had a tremendous career, and I think that now he’s making it a point. He’s being intentional about taking in every moment.”
Kershaw allowed himself to savor his 3,000th strikeout — a milestone only 19 other pitchers have reached — and made a conscious effort to take in every moment at this year’s All-Star Game. His wife, Ellen, and their four children have made it a point to travel for every one of his starts this season, even when Texas schools re-started earlier this month, adding a layer of sentimentality to the stretch run of his season.
But for as much as Kershaw would like to soak in every inning remaining in his major league career, he can’t. The season keeps going, the stakes keep ratcheting up, and Kershaw believes in the link between dismissing success and maintaining an edge. “The minute you savor, the minute you think about success, you’re content,” he said. But that also means he can’t truly enjoy the end.
There’s a cruelty in that.
“Yeah,” Kershaw said, “but that’s OK. Because you want to go out competing, just like you always did. At the end of the day, being healthy, being able to compete and pitch well, being on a great team — that’s all you can ask for. If you do all of the other stuff, you become content or satisfied or whatever it is. Then it’s all downhill.”
CINCINNATI — Cincinnati Reds right-hander Hunter Greene had thrown 93 pitches and given up just one hit through eight innings Thursday night. He wanted the ball in the ninth and manager Terry Francona wasn’t going to deny him this time.
Greene got the final three outs for his first career nine-inning shutout as the Reds beat the Chicago Cubs1-0 to keep pace with the New York Mets for the third NL wild-card spot.
On April 7 at San Francisco, Greene retired the first two batters in the ninth with the Reds leading 2-0. After he allowed a single and a walk, Francona brought on Tony Santillan to get the final out. Greene finished with 104 pitches.
“San Francisco flashed kind of through my mind,” Greene said. “I was telling myself, ‘This is my game’. I told [manager Terry Francona] that next game that I pitched deep into that situation, I wanted to finish it.”
Francona didn’t budge from his dugout chair on Thursday night.
“I didn’t want to try,” the Reds skipper said. “We didn’t even have anyone throwing in the bullpen.”
Greene’s 107th pitch of the night registered 101.5 mph for strike two to Ian Happ, who fanned on five pitches for the final out. Greene had nine strikeouts and one walk. He threw 109 pitches.
Greene retired the first 12 batters until Moises Ballesteros reached on a fielding error to begin the fifth. He didn’t allow a hit until Seiya Suzuki‘s two-out double in the seventh.
“The thing that sticks out is that it was 1-0,” Francona said. “There was no wiggle room. Coming off the other day in Sacramento, to back that up the way he did was really impressive.”
In Greene’s last outing on Saturday against the A’s, he allowed five runs and two home runs and pitched a season-low 2⅓ innings. With the Reds trying to remain in the playoff chase, Greene responded.
“The last game doesn’t define me,” he said. “There are a lot of ups and downs in this sport. I’ve been able to overcome a lot of those over the years.”
Cubs starter Colin Rea matched Greene early but allowed a leadoff double by Austin Hays in the fourth. Hays scored on Will Benson‘s double to drive in the game’s only run. Rea had a career-high 11 strikeouts, but it was Greene’s night.
“We were kind of going back and forth and we were having quick innings,” Rea said. “He’s elite. We know how good he is. He threw his hardest pitch in the ninth inning. That’s special.”
BOSTON — The AL playoff race is getting tighter for the Boston Red Sox.
The Red Sox lost 5-3 to the Athletics on Thursday, dropping the three-game series to the noncontending A’s and allowing the Cleveland Guardians to crawl within 1½ games of Boston in the AL wild-card race.
The Red Sox are still in position for the third and final AL wild-card berth, but they fell 2 1/2 games behind the Yankees in the race for home-field advantage in the first round.
“We control our own destiny,” manager Alex Cora said. “We’ve got to play better baseball. That’s it. There were signs today, but we’re not there yet.”
Boston has lost five of its last seven games to turn what had been a good shot at edging the Yankees into a chance of missing out completely. Cora noted that in 2021, their last playoff appearance, the Red Sox had to rally at the end of the season.
What did he learn from that season?
“Don’t get too high. Don’t get too low,” Cora said. “It’s 162 (games) for a reason.”
The Red Sox head to Tampa Bay for three games before three more in Toronto. They finish the season with a three-game series against the Tigers at Fenway Park.
Cora insisted that there is no panic in the Boston clubhouse. On Saturday, he raised eyebrows when he responded to questions about postseason lineup construction by saying: “I think we should stop talking about October, to be honest with you.”
“There’s a lot of stuff going on and we have to play better,” he said. “I’m not saying we’re in a bad spot. But we have to wait to see if October is part of this.”