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Originally Posted by Brian Swartz
The other thing is the way the rules are stated, the rule about leaving the bench is an automatic suspension no matter what. Most if not all other cases there is room for commissionerial discretion.
No question Stern is inconsistent with how he uses that discretion.
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I agree with the last statement. Here are the exact rules from the NBA rulebook:
leaving the bench
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During an altercation, all players not participating in the game must remain in the immediate vicinity of their bench. Violators will be suspended, without pay, for a minimum of one game and fined up to $35,000.
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making contact with a ref
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Any player or coach guilty of intentional physical contact with an official shall automatically be suspended without pay for one game. A fine and/or longer period of suspension will result if circumstances so dictate.
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They both have no discretion in terms of a non-suspension. Only this two and connecting with a punch have the auto suspension. Even fighting situations have this out:
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A fine not exceeding $35,000 and/or suspension may be imposed upon such person(s) by the Commissioner at his sole discretion.
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So, again, according to the rules, Stern has no more discretion with punching a player or making intentional physical contact with a ref than he did with the leaving the bench penalty.