• Loading stock data...
Saturday, February 21, 2026

The Arguments

  • The crux of each argument lies in whether the Ninth Circuit properly applied antitrust law.
  • In essence, Alston lawyers say the NCAA’s ceiling on educational benefits violates antitrust, while the NCAA says amateurism is legal because it’s necessary to their business.
Photo: Charles Leclaire-USA TODAY/Design: Alex Brooks

There were three significant questions posed by the justices to the NCAA: 

What exactly is its definition of amateurism? Do consumers really watch NCAA sports over pro leagues because they’re not paid? Why is “price fixing” the cost of athlete labor not subject to strict antitrust scrutiny?

After they finished with the NCAA, the justices asked Alston’s lawyer: Would a favorable ruling “open the floodgates” to tear down NCAA sports as we know them?

Here are the arguments from the briefs that originally sparked these questions.

NCAA’s Side 

In its argument, the NCAA exploits its dual nature as both a business venture and an educational institution.

On the one hand, it says players have to be amateurs in order to make a unique, and therefore competitive, product. 

But on the other, since amateurism is used for primarily “educational” purposes — it’s alleged main objective — it shouldn’t be subject to strict antitrust scrutiny.

How does the NCAA prove it’s an “educational venture”? By qualifying that some of it’s sports, like women’s, don’t actually make money. 

“The argument never really made sense,” University of Baltimore law professor Dionne Koller told FOS. “It never made legal sense, and it doesn’t make logical sense.” 

“We know that gender equity and the free market can coexist.”

Alston’s Side

According to Alston plaintiffs, the NCAA can’t even come up with a clear definition of amateurism, given that scholarship rules have changed so much over time. They ask how amateurism could be essential if the NCAA can’t even define it.

And in order to prove the NCAA is, in fact, subject to antitrust law, Alston lawyers emphasize that the governing body acts more like a corporation than an educational charity.

One example the brief mentions: While normal students were asked to take classes remotely, football and basketball players have competed during the pandemic in order to satisfy lucrative TV contracts.

They also accuse the NCAA of asking for the equivalent of an exemption from antitrust law altogether, something a court can’t provide.

The NCAA, of course, denies this is true. Though experts told FOS that’s basically what they’re asking for.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Tennessee quarterback Joey Aguilar (6) pulls back for the throw during the Music City Bowl NCAA college football game against Illinois on Dec. 30, 2025, in Nashville, Tennessee.

Judge Denies Tennessee QB Joey Aguilar Another Year of NCAA Eligibility

The ruling has implications for the NCAA’s overall eligibility fight.

Epstein Files Fallout Spreads to College Sports Buildings

Football facilities at UCLA and Ohio State are named for Epstein-tied donors.
Indiana Head Coach Curt Cignetti watches during the College Football Playoff National Championship college football game at Hard Rock Stadium in Miami Gardens on Monday, Jan. 19, 2026.

Curt Cignetti’s New Indiana Deal Is Richest in College Football

The new contract will pay him $13.2 million annually.

Featured Today

[Subscription Customers Only] Jul 13, 2025; East Rutherford, New Jersey, USA; Chelsea FC midfielder Cole Palmer (10) celebrates winning the final of the 2025 FIFA Club World Cup at MetLife Stadium

Soccer’s ‘Crown Jewels’ Are Devouring Smaller Clubs

Mega conglomerates are feeding a big business machine. Fans are furious.
Feb 10, 2026; Cortina d'Ampezzo, Italy; Cory Thiesse and Korey Dropkin of the United States during the curling mixed doubles gold medal game during the Milano Cortina 2026 Olympic Winter Games at Cortina Curling Olympic Stadium
February 20, 2026

Curling Clubs Are Swept Up in Olympics Fever. Can It Last?

Every four years, organizations field an influx of curling-curious patrons.
Max Valverde by Ron Winsett
February 17, 2026

How Ski Mountaineering’s Hype Man Went From TikTok to NBC

Max Valverde’s gushing over the niche sport vaulted him to Olympic broadcaster.
Feb 11, 2026; Livigno, Italy; Jaelin Kauf of the United States during freestyle skiing women's moguls final during the Milano Cortina 2026 Olympic Winter Games at Livigno Aerials & Moguls Park
February 13, 2026

The Surprise Hit of the Winter Olympics: First-Person Drone Views

Tiny drone cameras have reshaped the Olympics viewing experience.

What Happened to the Group That Promised Sac State $50M in NIL?

The “Sac-12” group says it’s still committed to financially supporting the Hornets.
February 16, 2026

Kansas State Tries to Use Rant to Avoid Paying Coach $18M Buyout

Tang’s contract says he’s entitled to a $18.7 million buyout.
ASU quarterback Jaden Rashada (5) throws a pass during a spring practice at the Kajikawa practice fields in Tempe on April 16, 2024.
February 18, 2026

Jaden Rashada, Billy Napier Reach Settlement in Lawsuit Over Florida NIL Deal

Rashada’s lawsuit was considered the first of its kind.
Sponsored

From MLS to AUSL: Jon Patricof on Building Sports Leagues

Jon Patricof on athlete equity, fan-first strategy, and how women’s sports can reshape the future of league building.
Sep 16, 2023; Stanford, California, USA; Sacramento State Hornets running back Elijah Tau-Tolliver (25) celebrates after a touchdown during the fourth quarter against the Stanford Cardinal at Stanford Stadium
February 15, 2026

Sacramento State Will Pay $20M+ to Join MAC in FBS

The Hornets have been pushing hard for an FBS invitation.
Ole Miss quarterback Trinidad Chambliss returns to his seat after testifying during the hearing in his lawsuit against the NCAA at Calhoun County Courthouse in Pittsboro, Miss., on Thursday, Feb. 12, 2026. Chambliss is looking for a temporary injunction and a permanent injunction against the NCAA for one more year of eligibility.
February 12, 2026

Mississippi Judge Rules Trinidad Chambliss Can Play Another Year at Ole Miss

It’s the latest result in a flood of NCAA eligibility lawsuits.
Feb 7, 2026; Raleigh, North Carolina, USA; NC State Wolfpack JROTC does the National Anthem before dribbles the first half of the game against the Virginia Tech Hokies at Lenovo Center.
February 11, 2026

NCAA Refuses Settlement Talks in Athlete Employment Lawsuit

The NCAA and defendant schools have tried several times to get the case thrown out.
February 10, 2026

Kansas Says ‘No Inside Information’ After Odd Darryn Peterson Scratch

Kansas knocked off No. 1 Arizona without Peterson on Monday.