Justice Kavanaugh's concurring opinion pretty much gutted the NCAA of any authority to do anything with regards to the NIL. You now have 51 different jurisdictions trying to deal with it.....Congress and the states.
Just One More Example of the Insanity in CFB
- Thread starter Spinal Tap
- Start date
I don’t think it’s fair to blame Kavanaugh. More fair to blame the system that brought all of this on. It’s been an elephant in the room for quite a while.
Kavanaugh might have wound up being the lynchpin. Newsom seems to have been the catalyst of this process in my estimation.
Gorsuch's opinion pretty much just upheld the 9th Circuit Court of Appeals in the case. Kavanaugh took it several steps further...pretty much gutting the NCAA's ability to regulate the NIL issue and....worse IMO...inviting student athletes to begin collective bargaining against the univerisities and the NCAA as unfairly underpaid "workers" (i.e. employees). That was too far and deserved a collective "oh, sh#$!!!"
Would you feel that way if you were an athlete? I don’t like the results of the decision. I recognize the athletes side of things. As I’ve said, up to the NCAA and schools to find a way to deal with it
I'm not sure. Many professions have bars and hurdles one has to get over before you are able to practice or participate in the profession. Many of the schools and institutions, as well as the professors and instructors, earn a lot of money teaching those students. The students in those programs do not have the right to participate in the revenues recieved.....even in laboratory settings where a student may be directly involved in creating a product or procedure that makes a lot of money for the school.
I always looked at college athletics in a similar fashion. It simply provides a training ground for those who wish to pursue a professional athletic career. Perhaps there should be a more direct path instead of solely relying on the amateur path. Perhaps the Court should have instead struck down the age limitations of the NFL and NBA and provided a more direct path. You don't have to play college sports to play MLB. "Enter at your own risk" type of situation.
Kavanaugh got caught up in the anti-trust issues that the NCAA has long had certain level of protection from (from the Congress and the Courts)....and got tunnel-vision intent on destroying that protection. He did what no Justice should....let his personal beliefs and emotions get involved instead of following a fairly long history of legal precedent. This is a classic example of legislating from the bench.
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Are you not projecting? Could it be he made a decision based on the information in front of him?
No...read his opinion. I posted it in this or another recent thread. It is clearly obvious where his personal feelings lie.
I disagreed with Gorsuch as I did the 9th Circuit, but their decisions didn't leave me thinking "WOW!" Kavanaugh brought up issues that weren't even in front of the 9th circuit such as the inability of the NCAA \ to place reasonable rules and regulations on NILs and also bringing up the employment status of student-athletes....implying several times that they were workers/employeees, and their ability to collectively bargain for a "fair" wage based on what the NCAA and the universities recieve....that is far removed from the NIL issue, but it is now in play.
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I recently looked at Garnet Trust - and wondered why they don't offer like an even more lesser option for fans. I realize that $10 a month may be .10 cents to some or a penny to others.
Some diehard fans aren't in the best financial situations that would probably contribute if given other options. We don't know all situations and I just think it's a neat idea to give everyone an opportunity no matter how big or small. We could have small and big donors which in the in adds up! Just a thought...
Leave it to me to get into a legal debate with an attorney. Not smart. After seeing the hard to believe vitriol aimed at him by democrats during the confirmation hearing, the dox, the harrasment of him and his family at their home and the assasination attempt, I am going to support him and anyone else who received such treatment
I still say NCAA and schools have to and soon will come up with a fair solution.
No, they can't.
NIL is not administered by any schools.
Players are not school employees.
A cap cannot be implemented without employees and collective bargaining.
There are multiple reasons why NIL cannot be capped.
I imagine there's a contract regarding an individual NIL which would address payments.
