NotSure
Joined: 3/09/23 Posts: 1,147
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Posted Thu, Apr 17 6:17 am
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In response to I do expect objections to this new system (Big Bad Bruins)
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The proposed Senate Bill that Dinos described to me had various elements, like only NBA-certified agents can rep student-athletes for NIL deals, some kind of salary cap, some kind of minimum guarantee, one transfer allowed but keeping the exception for going home or the head coach bolts to another school, etc...
I'm saying that this settlement now gets presented to the class (all student-athletes at NCAA D 1 schools and the NCAA & its member institutions) and then members of the class can agree to join in this settlement or opt-out.
What if 80% of the student-athletes opt out? 50%? 25%? The 25% who get paid the most money?
What if 8 SEC schools are required by state law to opt-out? Right now, that's the case. How does the federal judge even have jurisdiction over that in a federal system? Interstate commerce, antitrust laws, but that doesn't nullify state's abilities to regulate schools within their lines. What if the schools just individually opt-out and the schools that do include 75% of the SEC, Big 10, Big 12, ACC, Big East and Mountain West?
And what if they also file an appeal to vacate the settlement agreement, arguing (among other things) that it violates their 1st Amendment right of Freedom of Assembly?
A lawsuit like that could tie up that Senate bill too for years... of course, I'm still waiting for this Congress to pass anything other than a temporary funding resolution. It's mid-April and I'm not sure they've passed a law yet and they have bigger fish and people to fry, dissect and mutilate than deciding how much Alabama can play its basketball and football players.
Tuberville loves the status quo... so if his bill passes, it erases this settlement.
And the SCOTUS can say: Well, well, well, this settlement violates the Antitrust laws, we don't see a union or employees or a CBA, we see the employers agreeing to fix wages & working conditions for a few athletes who want to fix wages & working conditions for all of them, for all time.
I don't see the status quo changing for years, if ever, though I want some sanity to come back into the scene because the inherent conflict between teaching businesses running a pro sports league does raise truly important issues including the risk that some of the countries best schools will have to stop being schools and become pro sports franchises instead.
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