The outcome is a long-time coming as student-athletes have been in court for more than a decade in their drive for compensation. The latest opinion —— isn’t quite as broad as some athletes originally wanted. For example, there’s no striking down of limits for non-educational pay.
That said, this opinion won’t be the last word nor court battle on the topic of pay for student-athletes. As many states through the nation enact new laws giving local amateur athletes the right to profit off of their name and likeness, Gorsuch ends his opinion with a nod to those who think there should be fuller relief for those participating in college sports who haven’t profited off of those big TV and video game deals. He echoes the 9th Circuit by reiterating, “Our task is simply to review the district court judgment through the appropriate lens of antitrust law.
In a concurring opinion, Justice Brett Kavanaugh signals he’s ready to blow up the NCAA’s entire no-pay regime. “The NCAA couches its arguments for not paying student athletes in innocuous labels,” he writes. “But the labels cannot disguise the reality: The NCAA’s business model would be flatly illegal in almost any other industry in America. All of the restaurants in a region cannot come together to cut cooks’ wages on the theory that ‘customers prefer’ to eat food from low-paid cooks. Law firms cannot conspire to cabin lawyers’ salaries in the name of providing legal services out of a ‘love of the law.
Good, pay ‘me
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