Sterling does that. Files big lawsuits with huge numbers. But of course he’s not filed anything yet. He’s just hoping to head off the action of the owners. They are basing the ban and sale on the agreement that the owners signed, which does give the commissioner and a 3/4ths vote of the owners such recourse.
If Sterlings team can demonstrate that the call was a set up that the League was in on, then that is certainly illegal and Sterling has a great case.
Otherwise, he simply has a case. If it came down to it, he could win or lose. But again, right now he’s simply trying to discourage a unified vote on forcing a sale.
Where a situation arises which is not covered in the Constitution and By-laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000.
Provision 35A(d) spells this out further:
The Commissioner shall have the power to suspend for a definite or indefinite period, or to impose a fine not exceeding $1,000,000, or to inflict both such suspension and fine upon any person who, in his opinion, shall have been guilty of conduct prejudicial or detrimental to the Association.
In other words, Silver’s peremptory power is limited to Sterling’s suspension from the NBA and a fine of $2.5 million. It does not extend to booting him from ownership of his team. Furthermore, the association by-laws do not grant the power for owners to force Sterling to sell his team.