By Tony Romeo
Harrisburg (CBS) — Lawyers for the Corbett administration and the NCAA will be in a federal courtroom this afternoon to argue a motion to dismiss the lawsuit against Penn State sanctions.
Governor Corbett announced the lawsuit in early January, saying the NCAA violated its own by-laws and forced Penn State officials to accept sanctions under duress.
In February, the NCAA struck back, asking a federal judge to dismiss the lawsuit, arguing that the governor is attempting to use the courts to usurp authority that was given to Penn State.
In its February motion to dismiss, lawyers for the NCAA argued that Pennsylvania law gives Penn State the authority to manage its own athletics program and join voluntary associations like the NCAA.
It also says Mr. Corbett is using anti-trust law to negate that.
Both sides will argue their case this afternoon in a Harrisburg courtroom before federal judge Yvette Kane.