Wednesday, May 27, 2026

Lawsuit Benefits from SCOTUS’ Invitation

  • Johnson v. NCAA argues Division I NCAA athletes should be considered employees and paid minimum wage.
  • Partially thanks to the Alston decision, two motions to dismiss the case have now been thrown out.
Photo: Robert Deutsch-USA TODAY/Design: Alex Brooks

The Alston decision invited athletes to continue challenging the NCAA’s business model in court. A lawsuit called Johnson v. NCAA is the first to benefit.

First filed in 2019, the case argues Division I athletes should be considered employees and paid minimum wage. A similar case from 2016 got thrown out. But Johnson v. NCAA can go forward.

In August, a Pennsylvania judge refused a request to throw out the case by schools named as defendants. On Wednesday, that same judge refused another motion filed by the NCAA. 

That second decision was based on an analysis of athletes under the Fair Labor Standards Act, according to Boise State law professor Sam Ehrlich. But the fact that neither the NCAA nor schools could get the case thrown out was clearly aided by Alston.

  • To strike down lawsuits arguing athletes should get paid, the NCAA has used text from a decades-old Supreme Court decision that said, “In order to preserve the character and quality of the ‘product,’ athletes must not be paid…”
  • The Alston decision rejected this argument, saying that “these remarks do not suggest that courts must reflexively reject all challenges to the NCAA’s compensation restrictions.” That sets the stage for athletes to demand other forms of payment.
  • The judge in Johnson v. NCAA even cited this language in the first “motion to dismiss” rejection.

There are still many steps before the case reaches trial. But if it does, a pro-athlete ruling could spell the end of the NCAA as we know it.

This field is for validation purposes and should be left unchanged.

Sign up for
The Memo Newsletter

Get the biggest stories and best analysis on the business of sports delivered to your inbox twice every weekday and twice on weekends.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Big 12 Commish Already Eyeing Next Media Deal, Bigger Payday

The conference’s media deals with Fox and ESPN run through this decade.

Big 12 Coaches Back March Madness Expansion: Bigger Is Better

Next year’s tournament will expand from 68 to 76 teams.
Ted Cruz

Senators Introduce Long-Awaited Bipartisan College Sports Bill

The bill comes one week after the House canceled another vote on the SCORE Act.
Texas Tech's Brendan Sorsby goes through warmups before the spring football game, Friday, April 17, 2026, at Jones AT&T Stadium.

NCAA Denial Sends Brendan Sorsby Eligibility Fight to Court

A hearing for Sorsby’s lawsuit is scheduled for June 1.

Featured Today

May 24, 2026; Evanston, IL, USA; Northwestern Wildcats attack Kathryn Ratanaproeksa (13) shoots against the North Carolina Tar Heels during the first half at Martin Stadium

Can Women’s Lacrosse Buck the Trend in College Sports?

The sport is fighting to prove its worth in the revenue-sharing era.
May 22, 2026

Big Money on the Line on Premier League’s Final Day

Arsenal has won the title, but millions are still at stake.
Texas State mascot
May 22, 2026

Mascot-Reveal Videos Are the Newest College Sports Tradition

Student mascot unmasking videos are going mega-viral.
Charlie Pliner and Nikolas Rohrmann
May 22, 2026

How 2 Brown Undergrads Became Sports Dealmakers

An experimental project turned into a permanent course and business deal network.
Florida head coach Jon Sumrall speaks after spring practice at Sanders Practice Fields in Gainesville, FL on Tuesday, April 7, 2026. [Alan Youngblood/Gainesville Sun]

No Consensus Among SEC Coaches Over CFP Expansion

“I’m really more worried about the financial burden that we’re under right now.”
May 22, 2026

Southern Schools Silent on Proposed Black Athlete Boycott

The campaign asks Black athletes, fans to boycott several southern athletic departments.
Dec 31, 2025; Orlando, FL, USA; Texas Longhorns quarterback Arch Manning (16) runs with the ball against the Michigan Wolverines during the first half at Camping World Stadium.
May 25, 2026

Sankey: No Decision on CFP Expansion Expected This Week

Sankey said the meeting was the most-anticipated of any in recent memory.
Sponsored

The Hidden Economy of Race Weekend

Learn more about the Vintage Flying Museum and how Spectrum Business is helping them achieve their business goals while fueling their dreams.
Apr 11, 2026; Las Vegas, Nevada, United States; Wisconsin Badgers defenseman Joe Palodichuk (14) and Denver Pioneers forward Kyle Chyzowski (16) battle for control of the puck during the second period in the championship game of the NCAA men's ice hockey Frozen Four at T-Mobile Arena
May 22, 2026

Hockey Unites to Demand Change to NCAA ‘5-in-5’ Proposal

The sport doesn’t want to be “collateral damage” of the new rule.
Dec 21, 2024; Austin, Texas, USA; A view of the CFP logo and SEC logo before the game between the Texas Longhorns and the Clemson Tigers in the CFP National Playoff First Round at Darrell K Royal-Texas Memorial Stadium. Mandatory Credit: Jerome Miron-Imagn Images
May 21, 2026

SEC Holds Cards to 24-Team College Football Playoff

CFP expansion will be a major topic at the SEC spring meetings.
Nov 12, 2022; New Orleans, Louisiana, USA; LSU Tigers former head coach Ed Orgeron watches a game between the Tulane Green Wave and the UCF Knights from the sidelines at Yulman Stadium.
May 21, 2026

Ed Orgeron Returns to LSU After Years of Scandals

LSU fired Orgeron in 2021, two years after he won a national championship.
May 20, 2026

Will Wade’s LSU Is Pushing College Basketball to the Absolute Limit

The notorious coach has assembled a team of international pros.