šŸ“” SCOTUS vs. NCAA this am was basically Bama vs. Vols...

Brandon Van de Graaff

A defensive deity, inventor of the Concussion.
Staff




A sampling from Kavanaugh's concurrence...

To be sure, the NCAA and its member colleges maintain important traditions that have become part of the fabric of America—game days in Tuscaloosa and South Bend; the packed gyms in Storrs and Durham; the women's and men's lacrosse championships on Memorial Day weekend; track and field meets in Eugene; the spring softball and baseball World Series in Oklahoma City and Omaha; the list goes on.

But those traditions alone cannot justify the NCAA's decision to build a massive money-raising enterprise on the backs of student athletes who are not fairly compensated. Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate. And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law.
 

In a ruling that could help push changes in college athletics, the United States Supreme Court on Monday unanimously sided with a group of former college athletes in a dispute with the NCAA over rules limiting certain compensation.

The high court ruled that NCAA limits on the education-related benefits that colleges can offer athletes who play Division I basketball and football can’t be enforced.

Under current NCAA rules, students cannot be paid, and the scholarship money colleges can offer is capped at the cost of attending the school. The NCAA had defended its rules as necessary to preserve the amateur nature of college sports.

But the former athletes who brought the case, including former West Virginia football player Shawne Alston, argued that the NCAA’s rules on education-related compensation were unfair and violate federal antitrust law designed to promote competition.

The case doesn’t decide whether students can be paid salaries. Instead, the ruling will help determine whether schools decide to offer athletes tens of thousands of dollars in education-related benefits for things such as computers, graduate scholarships, tutoring, study abroad and internships.

The decision, which you can read in its entirety here, received widespread reaction across the college sports landscape:
 
On a related note:

"I can tell you the folks around UK Basketball are VERY concerned. Most of the SEC is about to start allowing players to make money UK as an institution won’t because the state legislature hasn’t compelled them and they don’t want to violate NCAA rules.

So they are stuck."

"This ruling does NOT mean that NCAA athletes would receive pay for their athletic performances..So, in most states, student-athletes will still be barred from getting paid outside their sports scholarship"
 
To be sure, the NCAA and its member colleges maintain important traditions that have become part of the fabric of America—game days in Tuscaloosa and South Bend; the packed gyms in Storrs and Durham; the women's and men's lacrosse championships on Memorial Day weekend; track and field meets in Eugene; the spring softball and baseball World Series in Oklahoma City and Omaha; the list goes on.

But those traditions alone cannot justify the NCAA's decision to build a massive money-raising enterprise on the backs of student athletes who are not fairly compensated. Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate. And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law.

Seems pretty level headed.
 
Found this quote from Kavanaugh interesting....
"Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate," Kavanaugh wrote. "And under ordinary principles of antitrust law, it is not evident why college sports should be any different.

Really just brings to my attention the idea of where else in America, would 1 or 2 cogs of a wheel that make $ be legally forced to finance other cogs, that lose $ year after year, due to sexual identification? (Title IX)

Per usual, I have more questions than answers. Just saying - If this was a true "business" as Kavanaugh makes the comparison, why are universities forced to fund "businesses" that cannot stay afloat by themselves. In business, those organizations disappear quickly. šŸ¤·ā€ā™‚ļø
 
On a related note:

"I can tell you the folks around UK Basketball are VERY concerned. Most of the SEC is about to start allowing players to make money UK as an institution won’t because the state legislature hasn’t compelled them and they don’t want to violate NCAA rules.
 
Found this quote from Kavanaugh interesting....


Really just brings to my attention the idea of where else in America, would 1 or 2 cogs of a wheel that make $ be legally forced to finance other cogs, that lose $ year after year, due to sexual identification? (Title IX)

Per usual, I have more questions than answers. Just saying - If this was a true "business" as Kavanaugh makes the comparison, why are universities forced to fund "businesses" that cannot stay afloat by themselves. In business, those organizations disappear quickly. šŸ¤·ā€ā™‚ļø
You nailed it … and how about TV revenue sharing? Ordinary businesses that do well don’t have to share their hard earned dollars with other businesses that don’t do well. In this instance each team gets an equal split even though they might garner a 1/100 of the viewing audience per televised game.
 
With all of this why does it feel like we are on a train track watching the train come at us quickly and we cannot get of the track?
Well, it's one thing as a fan... The whole thing is kind of hard to comprehend for most regulars.

Kind of surprising to see reports of certain leagues and schools caught off guard by this ruling. The NIL thing has been coming down the pike for a long time, and this ruling isn't exactly out of left field.

The athletic departments with great leadership will find a way to navigate this well. Should make a bigger seperation between the haves and the have nots, but ultimately, college football has kind of been that way for a long time. You could pretty much guess the playoff contenders at the beginning of every season. I'd expect UA & CNS to transition into this really, really well and responsibly. However possible that is now a days...
 
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Well, it's one thing as a fan... The whole thing is kind of hard to comprehend for most regulars.

Kind of surprising to see reports of certain leagues and schools caught off guard by this ruling. The NIL thing has been coming down the pike for a long time, and this ruling isn't exactly out of left field.

The programs with great leadership will find a way to navigate this well. Should make a bigger seperation between the haves and the have nots, but ultimately, college football has kind of been that way for a long time. You could pretty much guess the playoff contenders at the beginning of every season. I'd expect UA & CNS to transition into this really, really well and responsibly. However possible that is now a days...
I had your earlier post in mind when I posted. Just things are so upside down in this country and gaining momentum even more in that direction.
 
I had your earlier post in mind when I posted. Just things are so upside down in this country and gaining momentum even more in that direction.

It really is wild. The ruling makes sense to me... But if you hold it up to the entire scope of college athletics in a business model, the playing field is so confusing.

If the standard is for student athletes to get what they are worth, what if their worth is a negative? Because that's the case for a strong majority of these student athletes.

I'll be the first to say that all along I've thought in the big scheme of the "real world" and "business", the NCAA shouldn't have disallowed personal profits. But I've also said that the whole model is a cluster and wasn't made to stand the test of time. Again... More questions than answers. Hopefully this awkward/weird transition will bump change into the fastest gear, and the best and most competitive college sports will come out of it. But it sure feels like you're right... Some folks gonna get run over by this train!
 
There will be ā€œunintendedā€ consequences. In a simplistic analogy remember what has happened in some places where an extreme increase in minimum wage was legislated? Work force reductions, business closures, etc. there will be a balancing of some sort. I am not against NIL at all which should be sustainable albeit I don’t think it will be extremely lucrative for more than a handful in proportion to total numbers. When it comes to institutions actually having to up the ā€œpayā€ some are going to simply reduce the workforce or eliminate the sport(s)
 
I'll be the first to say that all along I've thought in the big scheme of the "real world" and "business", the NCAA shouldn't have disallowed personal profits. But I've also said that the whole model is a cluster and wasn't made to stand the test of time.
There will be ā€œunintendedā€ consequences.

Let's consider golf for a minute. Any player who receives any compensation in college will now lose their amateur status and hey, not all of them are destined to be on any of the tours.
 
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