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Robert Farley
By Robert Farley January 11, 2011
Back to Push for a college football playoff system

Benched: Obama's promise to push for college football playoff system

With the BCS national championship decided last night -- and Auburn claiming the title with a thrilling last-second field goal to beat Oregon -- we thought this would be a good time to update one of President Barack Obama's more lighthearted promises from the campaign: to push for a college playoff system.

This promise came out of the locker room strong, but, to push the puns one step further, it now appears to be buried under the bench.

In early 2009, Rep. Joe Barton, R-Texas, the top Republican on the Energy and Commerce Committee, introduced H.R. 390, otherwise known as the "College Football Playoff Act of 2009." The bill sought to ban the promotion of the BCS championship as the "national championship game" unless a playoff system were adopted. The bill passed by a voice vote in the House subcommittee on Commerce, Trade and Consumer Protection. But it never went any further.

In July, 2009, Sen. Orrin Hatch, R-Utah, hosted a hearing before the Senate Antitrust Subcommittee about the legality of the Bowl Championship Series (BCS) that currently determines the national champion. In October of that year, Hatch wrote to President Obama asking the Department of Justice"s Antitrust Division to investigate the BCS. In March, 2009, we rated this promise In the Works.

On Jan. 29, 2010, the Justice Department responded to Hatch, acknowledging that the White House shares Hatch's belief that "the current lack of a college football national championship playoff with respect to the highest division of college football...raises important questions affecting millions of fans, colleges and universities, players and other interested parties."

The letter noted that both Utah and Boise State recently had undefeated seasons but were not afforded an opportunity to play for the national championship. This year, Texas Christian University also went undefeated but was left out of the BCS national championship game.

"This seemingly discriminatory action with regard to revenues and access have raised questions regarding whether the BCS potentially runs afoul of the nation's antitrust laws," the Justice Department wrote.

According to the letter from Ronald Weich, Assistant Attorney General, "The Department of Justice is reviewing your letter as well as other materials to determine whether to open an investigation into the legality of the current system under the antitrust laws."

In addition, the letter said that the Obama Administration is "exploring other options that might be available to address concerns with the college football post-season." Among those options: "encouraging the NCAA to take control of the college football post-season...asking a governmental or non-governmental entity or commission to study the benefits, costs, and feasibility of a playoff system...asking the Federal Trade Commission to examine the legality of the current system under consumer protection laws, exploring whether other agencies may be able to play a role, and legislative efforts aimed at encouraging adoption of a playoff system."

So the issue is on the Obama administration's radar. But so far, not much has come of it.

On Sept. 23, 2010, Playoff PAC, a federal political committee "dedicated to discarding the Bowl Championship Series and instituting a competitive post-season championship for college football," filed a 27-page legal complaint with the Internal Revenue Service against bowl organizations affiliated with the BCS. The complaint alleges a number of tax irregularities.

And in November, Utah Attorney General Mark Shurtleff met with U.S. Department of Justice officials to discuss a joint antitrust suit against college football's Bowl Championship Series.

But again, there's not much tangible progress to report, and there's no evidence President Obama has gotten involved.

Matthew Sanderson of Playoff PAC says it's fair to say Obama's efforts on this promise appear to have fizzled. The president missed an opportunity to send a powerful symbolic message on this issue last year when he did not invite undefeated Boise State to the White House when he honored the Alabama Crimson Tide for their 2010 BCS National Championship, Sanderson said.

That would have sent a very public message that he disapproved of the BCS system, Sanderson said.

"We haven't seen him throw his weight around yet," Sanderson said. "That's not to say his administration won't end up doing something."

Sanderson said Playoff PAC remains "reasonably optimistic" that the Department of Justice will open an antitrust investigation that could eventually pave the way toward a college football playoff system.

"We get the sense they are taking it seriously," Sanderson said.

Because the Justice Department hinted in its letter last year that the White House is "exploring options" to push for a playoff system, and because Obama is still only halfway through his presidential term, we're not ready to say the clock has run out on this promise. But as any TCU fan is likely to agree, this promise is Stalled.

Our Sources

New York Times, "Political Heavy Hitters Take On College Bowls," by Katie Thomas, Jan. 9, 2011

Technorati, "Obama's BCS Promise, We're Still Waiting for Change," by Jason Matthews, Nov. 18, 2011

Playoff PAC website, Complaint filed with IRS against several bowls, Sept. 23, 2010

Library of Congress website, H.H. 390, "College Footballl Playoff Act of 2009"

USA Today, "BCS attracts political critics from all sides," by Catalina Camia, Jan. 10, 2011

Sen. Orrin Hatch's website, "In case you missed it: Hatch's opening statement at BCS hearing,"July 7, 2009

Sen. Orrin Hatch's website, "Obama Administration Mulling Action Aganist BCS," Jan. 29, 2010

Sen. Orrin Hatch's website, U.S. Department of Justice letter to Hatch re: BCS, Jan. 29, 2010

Interview with Matthew Sanderson of Playoff PAC, Jan. 10, 2011