Orange_Crush
Resident windbag genius
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Here we see the NCAA blatantly repeat Saban's idiotic and deliberately backwards "NIL will destroy parity" argument that Saban has been repeating for a couple of years. Pretty much since the day he got beat out for Nico. Oh, and the corrupt NCAA is repeating Saban's propaganda in an attempt to... go after Nico.
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Saban conducted this propaganda campaign -- shamefully without being called out by the media -- while having the highest percentage of blue-chip players on roster in history. The NCAA is sewer of corruption.
TLDR: NCAA is screwed. With this lawsuit, they are forced into the street at high noon with no bullets, and a huge target painted on their belly.
This is odd, as the NCAA is literally and transparently trying to use the same less stringent test to defend their system that the SCOTUS struck down.
In a 35-page decision, Gorsuch first addressed which legal test should apply to the NCAA’s rules restricting athletes’ compensation. The district court applied the most common test in antitrust law, known as the “rule of reason.” The NCAA contended that a less stringent test should apply because the association and its members act as a “joint venture” and have to work together “to offer consumers the benefit of intercollegiate athletic competition.” But Gorsuch noted that less stringent tests apply only in extreme cases, when it is easy to determine what impact an agreement will have on competition. That is not the case here, Gorsuch stressed, because the NCAA and its members control the market for the services of college athletes. The potential anti-competitive effects of the NCAA’s restrictions, he concluded, demand a searching inquiry.
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NCAA athletes win 9-0 on educational perks as Kavanaugh calls out ban on direct payments
The Supreme Court on Monday reshaped the relationship between universities and the athletes who play college sports. In an opinion by Justice Neil Gorsuch, the justices unanimously ruled that the […]www.scotusblog.com
The NCAA says that, in order for them to provide the product, it must be amateur, and they need the right to collude to artificially suppress NIL and salary markets. The SCOTUS said, "I don't think so."
In this lawsuit, they've repeated the same, if perhaps in different verbiage.
Also, the NCAA seems to be relying on amateurism as a core fabric of culture, which the last SCOTUS ruling seems to have spoken to. Basically, they said that that's an important conversation, but not one the SCOTUS needs to resolve. The SCOTUS' job is to enforce legislature. (This after telling the NCAA to make their argument to Congress if they want immunity from anti-trust laws.)
In his final paragraph, Gorsuch outlined the dilemma facing the court. Some people may think that the district court should have gone further, he suggested, while “others will think the district court went too far by undervaluing the social benefits associated with amateur athletics.” But in the end, Gorsuch emphasized, the Supreme Court agreed with the 9th Circuit that although “[t]he national debate about amateurism in college sports is important,” it is not the Supreme Court’s job to resolve it. Instead, Gorsuch observed, the court’s job is to determine whether the district court properly applied principles of antitrust law to this dispute – which, Gorsuch concluded, it did.
Further, Kavanaugh, in a parallel opinion, basically indicated that the NCAA should see the court's legal attitude on this limited NIL debate as the framework to expect on any future NIL and salary issues.
Kavanaugh joined the court’s opinion in full, but he also wrote a separate concurring opinion in which he questioned the legality of the remaining restrictions on benefits for college athletes. He made clear that although those restrictions were not before the court in this case, Monday’s ruling established a framework for future challenges to the restrictions – and, he wrote, there are “serious questions” about whether those rules “can pass muster” under that framework. Kavanaugh, an avid sports fan who coaches his daughters’ basketball teams and unsuccessfully tried out for the varsity basketball team while an undergraduate at Yale, acknowledged that college athletics includes “important traditions that have become part of the fabric of America.” But, he warned, the “NCAA is not above the law.”
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