There's hard core and then there's hard core.
The majority -- Judges Tallman and Friedland -- hold that the NCAA is allowed to categorically bar felons from coaching at NCAA-certified youth athletic tournaments even if that rule has a disparate impact on minorities.
The concurrence -- Judge Faber, sitting by designation from West Virginia -- totally agrees, and would also go further and expressly hold that Title II doesn't even allow disparate impact claims in the first place.
And Judge Faber would do so even though the NCAA expressly abandoned this argument in its briefs on appeal, which was only raised by amici.
That's the hardest of judicial core.
