This will be good practice for Nevada State Athletic Commission (NSAC), considering its likely to end up in front of a judicial review for its controversial Nick Diaz suspension, which took place earlier this week in Las Vegas (more on that debacle here).
When Wanderlei Silva said this was a "war" he wasn't kidding.
While the district court reversed his lifetime ban from mixed martial arts (MMA), it did not support the Brazilian's claims that he was not subject to NSAC jurisdiction, simply because he was unlicensed at the time he flunked his pre-fight drug test.
NSAC argued that once a combatant starts parading around town with a fight booked, in this case Chael Sonnen at UFC 175, then said fighter opens his or herself up to drug testing. "The Axe Murderer" is hoping the Nevada State Supreme Court says otherwise.
This could ultimately come down to language (via MMA Payout):
According to the interpretation, Silva could not be disciplined by the commission, since the commission's authority is limited to that within the regulations of NFS Chapter 467. The brief states that since agencies, like the NSAC, are "creatures" of statute, it cannot attempt to expand jurisdiction over subject matter not conferred by the legislature. Thus, any rulings outside of the statutory authority should be void.
In PDF form:
Silva fled the scene when drug testers surprised him at his gym in Las Vegas, but later admitted to taking a banned diuretic. NSAC eventually dropped the hammer on "The Axe Murderer," forcing UFC to declare him the "Pete Rose" of combat sports.
For how long, remains to be seen.
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