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Monday, June 21, 2021

SCOTUS Gives Student Athletes Pay For Play!

SCOTUS gives college athletes a paycheck.
 

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The Supreme Court handed student athletes a victory. It will set a new precedent for NCAA-Division I.

Chief Justice Karen Roberts along with Karen Coney Barrett, Karen Kavanaugh, Karen Gorsuch, Karen Thomas, Karen Alito, Elena Kagan, Sonia Sotomayor and Stephen Breyer knocked down the NCAA rules on college athletics. 

It affirmed a ruling that provides an incremental increase in how college athletes can be compensated and also opens the door for future legal challenges that could deal a much more significant blow to the NCAA's current business model.

Gorsuch wrote in the Court's decision. He went on the lower court's decision stating that the NCAA was violating antitrust laws by placing limits on the education-related benefits that schools can provide to athletes.

Kavanaugh made it strongly clear, "The NCAA is not above the law."

He wrote in his briefing, "The NCAA couches its arguments for not paying student athletes in innocuous labels. But the labels cannot disguise the reality: The NCAA's business model would be flatly illegal in almost any other industry in America."

The old ways of the NCAA was that college athletes should not be paid. The Court voided that notion.

The NCAA has faced heat for this. Federal antitrust lawsuits have slowly eroded strict amateurism rules during the past decade. Politicians in 19 states have passed laws in the past two years that rebuke the organization's rules and will soon allow athletes to start making money from third-party endorsements, and members of Congress are currently debating at least a half-dozen bills aimed at reforming the NCAA. 

The NCAA v. Alston ruling is landmark.

The Alston ruling marks the first time in more than 30 years that the Supreme Court has weighed in the governance of college sports. 

The NCAA is handed a huge defeat due to the Supreme Court's decision to allow athletes to profit from their likeness and endorsments.

Kavanaugh wrote a concurring opinion to underscore that while the court's ruling was narrow in this case, "the NCAA's remaining compensation rules also raise serious questions under the antitrust laws."

"All of the restaurants in a region cannot come together to cut cooks' wages on the theory that 'customers prefer' to eat food from low-paid cooks. Law firms cannot conspire to cabin lawyers' salaries in the name of providing legal services out of a 'love of the law.' Hospitals cannot agree to cap nurse's income in order to create a 'purer' form of helping the sick. News organization cannot join forces to curtail pay to reporters to preserve a 'tradition' of public-minded journalism. Movie studios cannot collude to slash benefits to camera crews to kindle a 'spirit of amateurism' in Hollywood. Price-fixing labor is price-fixing labor."

Many of the American athletes who play for NCAA-I football and basketball are recruited straight out of high school. When they reach their peak in popularity, they were forbidden from profiting off their likeness. They could not make money off their names, souvenirs, autographs and endorsements.

Many athletes often had opt-out of college to join a minor league to streamline into the nationals.

The NCAA rules often placed talented Black, Asian and Hispanic players at a disadvantage.

The college basketball player, football player, soccer player, baseball player, the wrestler and golfer who gains national recognition before joining the formal league will be able to get a manager, a contractual deal with any company of their choosing and pay for interests outside the NCAA.

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