Here’s the thing. About 50% of posts I read on this site re: NIL, Transferring and pay for play (legal) are erroneous. Kavanaugh’s opinion is only 5 pages with little legalese. Very easy to read. What Kavanaugh makes clear is that the NCAA business model was built on price fixing where athletic oligarchs got rich at the expense of free labor. That conduct the Supreme Court unanimously found was illegal.
Reading on in Kavanaugh opinion, he is correctly pissed off at the NCAA for their illegal price fixing. In fact he implicitly dares the NCAA to litigate any barriers they seek to impose on compensation for athletes. There is such a case moving now through the very same courts as Alston. It’s called House v. NCAA. The plaintiffs in that case are college atheletes from 2015-present who demand back pay. Kavanaugh,,and I suspect the rest of the Sc.T. must be salivating to hear this one. If I’m counsel for NCAA, my advice is “SETTLE NOW”!
So what’s next? My guess is class action for atheletes since advent of first major TV contracts (circa 1983?) through 2014 for back pay.
In any event, it’s not complicated. But do read Kavanaugh simple 5 page concurring.
Reading on in Kavanaugh opinion, he is correctly pissed off at the NCAA for their illegal price fixing. In fact he implicitly dares the NCAA to litigate any barriers they seek to impose on compensation for athletes. There is such a case moving now through the very same courts as Alston. It’s called House v. NCAA. The plaintiffs in that case are college atheletes from 2015-present who demand back pay. Kavanaugh,,and I suspect the rest of the Sc.T. must be salivating to hear this one. If I’m counsel for NCAA, my advice is “SETTLE NOW”!
So what’s next? My guess is class action for atheletes since advent of first major TV contracts (circa 1983?) through 2014 for back pay.
In any event, it’s not complicated. But do read Kavanaugh simple 5 page concurring.