A Commonwealth Court decision questioning the consent decree between Penn State and the NCAA that imposed $60 million in monetary sanctions over the Jerry Sandusky child sex-abuse scandal exemplifies the broad discretion of judges in determining what issues should be considered, attorneys and court watchers told Pennsylvania Law Weekly.

Commonwealth Court Judge Anne E. Covey, writing for the majority, included a detailed explanation of why the court had to address the issue in the first place. The main dissenter in the case argued it was not properly before the court.