You are right about Sterling, but Silver stated specifically that his decision was based entirely on the recording, not on prior incidents. If the decision is challenged, he would not be able to bring in matters that he did not take into account in reaching his decision. I could see an argument that the decision was a breach of the NBA bylaws and the NBA would have no way to defend its decision. Its evidence is inadmissible. If they want to talk about prior conduct, they have to bring a new investigation, and reopen those prior acts. They may not want to do that, since they let those incidents go years and decades ago, and some of them were never proven.
Of course he said that, saying prior incidents played into it would be throwing Stern (the guy who hand picked him as successor) under the bus. But let’s face it, prior incidents are playing heavily into this issue, one of the big questions that’s been asked is why nothing has been done about him in the past. The decision won’t be in breach of NBA bylaws, guarantee everything in the punishment is allowable, Silver is a lawyer and he’s been with the league for 22 years, he knows the bylaws and he knows what his limitations are. Also he surely ran it all by the other owners so he’s got plenty of backing. Next owner’s meeting there will be a vote to eject Sterling from the league and the worst it’ll get 25 votes, well more than the 3/4 it needs to pass.