I'm not sure it is a given that the courts would get involved
I say that because the DI-FCS schools didn't sue the DI-FBS schools when a moratorium was placed on FCS schools switching DI subdivisions. Also, the DI-FCS schools didn't sue the DI-FBS schools when the moratorium was lifted in the early 2000s and the FBS schools placed a new requirement on the FCS schools before being allowed to switch subdivisions. The new requirement being that a FCS must either receive an invitation from an existing FBS conference or a (hardship) waiver from the NCAA before being allowed to switch subdivisions.
Plus, no schools sued BYU when they decided that the men's soccer team was leaving the NCAA to join a lower tier pro league (PDL) in 2003. FWIW on September 14, 2017 made the decision to leave the PDL and rejoin the NCAA at the start of this season.
I do think there were a lawsuit when the NCAA announced that DI football would be divided up into DI-A and DI-AA in the 1970s. I believe all the schools that sued either lost the case or agreed to some sort of settlement as a condition for being placed in the DI-AA subdivision. Regardless of how things went down, those schools ended up in the DI-AA subdivision by the mid-1980s. If the schools are going to sue the blue bloods to be included, then on what grounds would the sue? If they are going to sue, then I would have to be on different grounds than the DI-A/DI-AA lawsuit (if it happened). Otherwise, I would think the result would be the same. [Post edited by VTHokie2000 at 10/29/2018 12:20PM]
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In response to this post by M-I-C)
Posted: 10/29/2018 at 12:20PM