Memphis Grizzlies v Los Angeles Clippers - Game Four

Donald Sterling reportedly says Los Angeles Clippers not for sale, so what’s next?


NBA commissioner Adam Silver acted decisively – banning Donald Sterling for life, fining him $2.5 million and setting in motion a process that would force Sterling to sell the Los Angeles Clippers if 3/4 of NBA owners vote in favor.

Silver would not have taken that last measure without absolute certainty he has the votes, and he’s not hiding confidence I what will happen next.

“I fully expect to get the support I need from the other NBA owners to remove him,” Silver said.

And how will Sterling take it?

“I have no idea,” Silver said.

Sterling is the huge wildcard here.

He could go silently into the night, accepting his billion dollars and fading from the spotlight. Or he could file a lawsuit and fight Silver’s punishment.

Sterling, in an off-camera interview with Fox News’ Jim Gray, indicated the latter is more likely. According to Gray, Sterling said the Clippers are not and would not be for sale.

I don’t see how this ends cleanly if Sterling pursues legal action.

The NBA constitution is not publicly available, but we’ve learned a little about it through published reports. How to interpret the document remains difficult, potentially even for those with access to it.

Before Silver announced his ruling, Tulane Sports Law Program Director Gabe Feldman explained the league’s constitution thusly:

If Sterling sues the NBA, the court could agree with Feldman and say some of the penalties – the extra $1.5 million in fines and having to sell the team – exceed Silver’s bounds. The NBA constitution is not a legal document, but parties can sue on the basis the league did not follow its own rules.

And then, if it gets that far, there’s the matter of the team being sold. Who runs the sale if Sterling is banished? Again, it’s not clear whether the NBA constitution spells this out, but Zach Lowe of Grantland reports how the league would plan to proceed:

Sterling would obviously have complete interest in selling the team for as much money as possible. The NBA would have a theoretical fiduciary duty to do the same, but considering Sterling would get the money, it might not be as urgent to the league as would be to him. Once more, that could be grounds for Sterling to sue, depending on the full text of the NBA constitution.

However, Lester Munson of ESPN also reported:

When Silver issues his punishment to Sterling, the decision is final. The constitution provides in Paragraph 24(m) that a commissioner’s decision shall be “final, binding, and conclusive” and shall be as final as an award of arbitration. It is almost impossible to find a judge in the United States judicial system who would set aside an award of arbitration.When Silver issues his punishment to Sterling, the decision is final. The constitution provides in Paragraph 24(m) that a commissioner’s decision shall be “final, binding, and conclusive” and shall be as final as an award of arbitration. It is almost impossible to find a judge in the United States judicial system who would set aside an award of arbitration.

That doesn’t mean Sterling can’t sue. It would just make it more difficult, though not impossible, for him to win.

If Sterling sues, he could seek a stay to remain in power and/or damages. There’s no limit on the complexity or direction a potential lawsuit would take.

It would be up to the courts to determine the merits of Sterling’s claims.

51 Questions: Do the Phoenix Suns finally have a playoff formula?

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PBT is previewing the 2015-16 NBA season by tackling 51 big questions that we can’t wait to see answered once play tips off. We will answer one a day right up to the start of the season Oct. 27. Today’s question:

Do the Phoenix Suns finally have a playoff formula?

It has been five years since the Phoenix Suns made the playoffs, tying the franchise record for longest playoff drought. It’s the fourth longest active drought in the NBA (Timberwolves at 11, Kings at nine, and Pistons at six).

Think about it this way: The Magic, Sixers, and Jazz have been to the playoffs more recently than the Suns.

Phoenix hasn’t bottomed out on a rebuild, they’ve actually been pretty good — they surprised everyone and won 48 games two seasons ago, then had 39 wins last season when things went very wrong and injuries crushed the team after the All-Star break. However, in a deep Western Conference pretty good isn’t good enough.

Suns management and ownership wants that to change. They want back in the playoff dance. Now.

It’s why they went hard after LaMarcus Aldridge this summer, coming in a surprising second to a Spurs team that nobody was likely to catch in that chase.

This summer the Suns made other moves to address needs. They went out and got Tyson Chandler as a free agent. The first reaction was he was there to provide a shot blocking and defensive quarterbacking, two things the Suns sorely lacked. However, just as importantly, they needed a vocal locker room leader, a vacuum that was part of the problem in Phoenix’s implosion last season.

The Suns also needed shooting, they went out and got Mirza Teletovic and drafted Devin Booker.

It’s easy to think the Suns regressed because they lost a lot of talent since the last trade deadline — Goran Dragic, Isaiah Thomas, Gerald Green, Brandan Wright — but they believe the pieces they have now fit together better.

Phoenix believes it can make the playoffs; it thinks it finally has the right formula.

Maybe. They will be in the mix. But a four things have to happen to make that a reality.

First is Chandler has to lead a defensive renaissance on this team. Last season they were average, 17th in the NBA in defensive efficiency, but Chandler can help change that. First, he gives them defensive rebounding that they lacked. He gives them a quarterback that they needed to call things out and have everyone on the same page (reports of how he talks on defense are already pouring out of camp). And he helps protects the paint — that means Eric Bledsoe, Brandon Knight, and P.J. Tucker can pressure the ball more and take risks out on the perimeter knowing Chandler can erase some mistakes.

The second is an obvious one: Bledsoe and Knight need to be able to work well together. They are going to share playmaking duties, and both are going to spend time working off the ball, both need to be ready for that mental adjustment. We haven’t seen that much yet, we need to see how it works out.

Third, there needs to be shooting to space the floor. Bledsoe is a penetrator who is a career 32 percent from three, while Knight shot just 31.3 percent from three after being traded to the Suns (likely due to ankle injuries that required off-season surgery). Those two men will be running the pick-and-roll with Chandler, who sets a good pick, rolls hard and can finish, but doesn’t have shooting range. The Suns other two starters are likely P.J. Tucker, who is not a huge threat from three but shot a respectable 34.5 percent from there last season, and Markieff Morris, who is a career 32.8 percent from three.

If I’m an opposing defense, what’s to keep me from going under picks and packing the lane against the Suns? Phoenix needs Knight to return to the guy who is a career 36 percent from three, they need Morris to improve from the outside, and they need guys like Teletovic and Booker to play key minutes and space the floor at times.

Fourth, and finally, they need the potentially volatile mixture of an unhappy Morris and a coach in Jeff Hornacek in the last year of his contract not to combust. Everyone is saying all the right things at the start of camp, and this is why guys like Chandler and Ronnie Price were brought in, but there is the potential for things to go sideways, especially if some early losses pile up.

The biggest hurdle for the Suns in ending their playoff drought is they are in the Western Conference.

Even if all four of things mentioned above go right for them — if they run and hit more threes plus play better defense — this is likely a 45 win team (give or take a few, and probably take). The problem is that in the West that may not be enough. Barring injuries, there are likely seven lock playoff teams in the West — Spurs, Warriors, Clippers, Rockets, Thunder, Grizzlies, and Pelicans. That leaves the Suns battling teams such as the Jazz, Mavericks and maybe the Kings for that final playoff spot. It may take more than 45 wins, and things are going to have to break the Suns’ way to get there.

Maybe Robert Sarver gets his way and the playoff drought ends this season, it’s more likely than snow in Phoenix this winter. But I wouldn’t bet much on either happening.

LeBron says “get it done” message was for both Cavaliers, Thompson

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Everything LeBron James does and says gets magnified and scrutinized.

So when he put out this photo on Instagram standing shoulder-to-shoulder with Tristan Thompson and the caption “get it done” it seemed a message to the Cavaliers.

Get it done!!!! Straight up. #MissMyBrother @realtristan13

A photo posted by LeBron James (@kingjames) on

LeBron clarified that on Sunday, saying this has become a distraction, and the message was for both sides to bend, as reported by Dave McMenamin of ESPN and Chris Haynes of the Plain Dealer.

When Thompson didn’t sign the qualifying offer he surrendered a lot of leverage, the Cavaliers don’t have to raise their five-year, $80 million offer — but reportedly they still would, a little. Thompson and his agent Rich Paul have pushed for a max contract, but that’s not happening.

At some point, the two sides will come to an agreement. For the Cavaliers, this is a distraction, their star is unhappy with that, and ultimately if they are going to make a title run they need the energy and rebounding Thompson brings (even if it is just off the bench). For Thompson, he can’t make up a year of lost salary, he has to come in and start getting paid at some point.

The two sides will get it done. Eventually. Likely before the season tips off.