President Trump reportedly considering executive order limiting NIL after meeting with Nick Saban
- Thread starter shu67
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I tend to agree with this assessment. The first weekend is all about upsets and over time if it goes chalk from 64 to 16 viewership is going to suffer for 1/3 of the tournament.
Sure but there will be no NCAA monies and conference media rights fees.
I teach law, including Constitutional law. I agree that there would be about zero chance of such an ExOrd being upheld by the courts. The underlying issues arise from the antitrust laws, which are statutes passed by Congress starting in the 1890's. The President does not have authority to change the antitrust laws through Executive Order, nor to change interpretations of those laws by the courts, including by the Supreme Court in NCAA v. Alston (2021, incidentally a 9-0 decision), the case that paved the way for NIL. Unfortunately the only remedy is for Congress to act.
Except he does things Congress should do, anyway. He doesn't care about checks and balances, laws, or The Constitution. So, I'd expect him to stick his nose in and muck it up and cause some damage, as usual.
Donald Trump reportedly forming commission to address issues in college sports
Donald Trump is forming a commission to address major issues in college sports, according to Ross Dellenger of Yahoo Sports.
awfulannouncing.com
Hopefully andrew giuliani will be part of this so his duke golf story can get some play
Congress enacted the laws (the Sherman Act) that courts used when invalidating NCAA rules as illegal. Congress is therefore free—supposing it can agree to do it—to change or modify those laws, or exempt the NCAA from them, etc.
For example, Congress has, since the enactment of the Sherman and FTC Acts, enacted legislation exempting professional sports leagues from antitrust laws w/r/t selling telecast rights.
Anyone else a little worried that the co- chairs are Nick Saban and a Texas Tech guy? I'm not surprised the coach chairs are P4 centric, but I am a little worried about the next iteration of this idiocy, being even less advantageous to non-P4 schools.
Reorganize conferences? I'd like to think that will result in regionally sensible conferences of roughly equal earning power, but in all probability it's probably code for getting rid of the teams that the P4 does not want. That may be a good thing for the big east because some of our former conference mates are going to need a home. Of course that puts us back in the same situation where we were before the split up where we are a hybrid conference made up of football playing in non-football playing schools. We all know how that worked out.
True... The Court would certainly strike this down, given that NIL is now based on a recent 9-0 SCOTUS opinion... But then again who knows these days
I would expect the commission to develop what it perceives to be a workable solution, which would then be ratified by Congress. Sorting this out is too big a hornets nest for Congress because anything you do to benefit one group of your constituents penalizes another group of your constituents. Having "a commission" decide the issue takes the heat off of individual representatives.
A framework of any bill is expected to include three main concepts: (1) a limited antitrust protection that, in part, codifies the House settlement to allow the NCAA and power conferences to enforce eligibility and transfer rules, as well as rules around the new revenue-sharing structure; (2) a clause deeming athletes as students and not employees, with a possible sunset on that provision after a set number of years; and (3) pre-emption of existing NIL state laws, many of which contradict the settlement and/or NCAA rules.
