03-26-2024, 03:39 PM
Goose, how do you view Kavanaugh's concurring opinion in NCAA vs. Alston where he invited challenges to the NCAA's restrictions on other compensation?
It seems that his words have chilled any attempt by the NCAA to enforce restrictions on NIL compensation. Kavanaugh's words also seem to have emboldened lower courts to uphold challenges to NCAA actions. The NCAA is losing or has lost on just about every case it has taken up. The NCAA might have more likelihood of success trying to stop the sun from rising in the east than pushing back against NIL compensation.
Quote:although the Court does not weigh in on the ultimate legality of the NCAA’s remaining compensation rules, the Court’s decision establishes how any such rules should be analyzed going forward. After today’s decision, the NCAA’s remaining compensation rules should receive ordinary “rule of reason” scrutiny under the antitrust laws.
It seems that his words have chilled any attempt by the NCAA to enforce restrictions on NIL compensation. Kavanaugh's words also seem to have emboldened lower courts to uphold challenges to NCAA actions. The NCAA is losing or has lost on just about every case it has taken up. The NCAA might have more likelihood of success trying to stop the sun from rising in the east than pushing back against NIL compensation.
"We have an unwritten rule around here not to do anything stupid."
-Casey Jacobsen, Feb 3, 2000
