Out today. Originally I thought that this was a wrong argument, a kick in the teeth to small schools, but Gorsuch convinced me, and Kavanaugh confirmed.
The NCAA cannot pretend that it is just this neutral organization, helping to foster “amateur” athletic competition while making, literally, over a billion dollars on the backs of young talented guys.
I did think that Kavanaugh’s dicta about African American athletes was over the top and unnecessary.
I agree with the outcome reluctantly. I wish that college sports would have remained that way, but I agree with the Court that the NCAA shouldn’t get rich without paying the players.
I actually managed to read most of that 45 page document. I’m still digesting it.
I agree that Gorsuch and Kavanaugh were convincing.
However, I disagree with this statement:
On the contrary, I think it is yet another example of the exploitation of both African-American and low-income people (including students who fall into both categories) for the enrichment of other people.
The court is right - it is unjust for other people to make billions of dollars from the uncompensated labor of others.
I understand the reasons. I haven’t had any chance to read it, But I really don’t see how NCAA sports can remain a thing I care about. I just don’t see how the league is going to become anything other than a toy for T. Boone Pickens type billionaires to throw millions into recruitment to see one more championship for their Alma Mater before they die.
Isn’t that what it has been for a long time - expect the one group of people who are doing the most work, the students, are the ones getting the least out of it?
This will kill my alma mater (West Virginia University) from ever being a top competitor for a national championship in football or basketball. It makes me sad and probably shunned from the community to believe that it is the right decision.
I think that NCAA football is going to go away for the most part. Eventually there will be a minor league, unaffiliated with schools, to replace it that will largely mirror baseball. The top prospects making millions from a pro contract, and most of the rest making $12000-$15000 to keep the dream alive.
I’m happy with the result. The highest paid public employee in almost every state is either a football or basketball coach. It’s bonkers that everyone around the students makes oodles of money and they can’t make any.
Exactly this. And for the athletes who get injured in college, they currently get NOTHING for being used up and spit out. And to your other point that it’s largely POC that get exploited the most, that is right on point. Capitalism needs to pay. Period.
So are there any restrictions on paying players? I mean, can they literally pay to recruit (not students yet, so is that even legal?), or is it more around players being paid for their likenesses being used for the schools’ purposes without compensation?
In my (very) limited understanding of the ruling, colleges can’t outright pay student athletes, but they can offer a lot more “educational items” gratis than they could before. The old rule said tuition and room&board was all that was allowed. Now USC can give a cornerback a new computer, free food, a new car to make that grueling commute from the dorms to the practice field easier, paid tutoring for Remedial Finger-Painting, etc. It also allows athletes to profit from their likenesses and to pursue endorsement deals. But not a straight salary.
I wonder if paying bonuses for certain performance objectives would be allowed? $100/tackle. $250/sack, that kind of deal.
Isn’t at least half of college football the school affiliation and traditional rivalries? I don’t see how a minor league would come close to tapping that.
The only question at issue in this specific case was about other benefits like future scholarships.
But the reasoning in deciding this case is not at all limited to that. I’d expect a new lawsuit right quick by players for direct payment as well, and based on the decision, they ought to win that one too.
Indeed. That is the real thing in the rationale of this holding. There is no reason under this holding why schools couldn’t pay their student athletes and Kavanaugh said as much directly. The next lawsuit will make it so.
Well, nobody is saying that they have to pay players, much like how the neighbor kid is free to mow my lawn if he wants. But if others are paying, and you are not, then good luck finding players and lawn kids.
Sure, if they make it illegal for wealthy boosters to fund the players’ salaries. Or if they set a NCAA-wide max salary or something like that.
Otherwise, it’s going to be worse than European soccer, in that schools with big pockets or whose boosters/alumni have big pockets are going to dominate because they can pay the most. Even most pro leagues don’t allow that.
Just spitballing here but what about a profit sharing mechanism that spread the money across all the players at any school in the league?
You do not pay college player Jordan Michael $3 million a year and player ViresUltra nothing. You spread it out between them (I am sure a system could be arranged to account for the difference between a Freshman on the bench and a senior superstar).
Point is, spread the money around all players in the league.
That or tell the schools all money made from sports needs to be spent on scholarships to their school.