DENVER—The U.S. and International Olympic committees asked the highest court in sports for a ruling Wednesday on a contentious anti-doping rule that threatens to keep American sprinter LaShawn Merritt from defending his 400-meter title at the London 2012 Games.
The USOC and IOC asked the Court of Arbitration for Sport for clarity on the so-called “Six Month Rule,” which bars any athlete who has received an anti-doping ban of more than a half year from competing in the next Olympics.
Merritt, winner of the 400 meters in Beijing and world champion in 2009, received a 21-month suspension after testing positive for a banned substance found in a male enhancement product. His ban ends this July, but under the IOC rule in its current form, he still would be ineligible for London.
The Associated Press reported in March that the IOC and USOC were seeking a definitive answer to this question—and also wanted a ruling as early as possible to avoid legal issues in the weeks before the Olympics start in July 2012.
On Wednesday, the organizations came together to ask for help on an issue they essentially don’t agree on—one that needs to be resolved well before the start of next summer’s Olympic trials. Under the current rule, Merritt technically would be eligible for U.S. Olympic trials, but there would be no incentive to allow him to compete there if he wouldn’t be able to run at the Olympics.
“I’d like to thank the IOC for their willingness to proceed in this manner and for the quality and the tone of the discussions that we have had regarding this matter,” USOC CEO Scott Blackmun said.
The rule went into effect ahead of the Beijing Olympics but has been widely criticized by those who believe it amounts to a second penalty that doesn’t withstand legal scrutiny. The IOC, meanwhile, says it is not a sanction but an eligibility rule and the Olympic body determines who can participate in an event.
Merritt’s case went to arbitration, and his suspension was reduced from two years to 21 months because he cooperated with the investigation. In their decision, arbitrators contested the IOC rule, and there was some confusion as to who—the IOC, USOC, Merritt or someone else—needed to bring the case to CAS.
In a statement announcing the joint request with the USOC, IOC director general Christophe De Kepper signaled that the IOC would abide by the CAS ruling.
“This arbitration will provide certainty in the lead up to the 2012 London Olympic Games,” De Kepper said.
Also in need of a ruling in this case is American swimmer Jessica Hardy, who missed the 2008 Beijing Olympics after testing positive for clenbuterol. She was found to have unknowingly taken the banned agent in a contaminated food supplement and her two-year suspension was reduced to one.
Both Hardy and Merritt are represented by attorney Howard Jacobs, who did not immediately respond messages from AP seeking comment.
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AP Sports Writer Stephen Wilson in London contributed to this report.
