• Loading stock data...
Thursday, March 28, 2024
2024 Best Venues nominations are open now through April 8! Submit Now

The Implications

  • If the NCAA wins, athletes could permanently lose a path to challenge amateurism in court.
  • If athletes win, they could continue peppering the NCAA with lawsuits that chip away at amateurism one by one.
Photo: David Berding-USA TODAY/Design: Alex Brooks

The high court typically agrees to hear a case for one of three reasons, Boise State professor Sam Ehrlich, who filed two supporting briefs in the case, told FOS. 

First, if the case is important for the “national zeitgeist.” Second, if the case is the type that interests the justices personally. And third, if hearing the case could resolve conflicting circuit court decisions on a particular issue. 

NCAA v. Alston falls into that third category. The crux of each argument was whether the Ninth Circuit properly applied antitrust law.

Alston lawyers effectively said the NCAA’s ceiling on educational benefits violates antitrust. But the NCAA says amateurism is legal because it’s necessary to their business.

But there’s more than just antitrust implications at stake.

If NCAA Wins

If the high court rules in favor of the NCAA, any future athlete challenges of amateurism would be stifled, legal experts told FOS.

The governing body could use the Supreme Court’s opinion to dismiss any future lawsuits questioning restrictions on athlete compensation. This means the NCAA could write any NIL rules it wanted without facing litigation — though it still might have to answer to Congress.

This would be a dream come true for the governing body, whose ultimate goal is to prevent athletes from sharing in the billions generated by the sports they play. 

It even has the added benefit of stopping the “never-ending litigation” the NCAA previously complained about in a statement.

If Athletes Win

If the court upholds the Ninth Circuit ruling (the same one that heard O’Bannon), athletes won’t just win extra educational benefits.

They could retain an opportunity to challenge the NCAA’s restrictions on athlete compensation in future lawsuits. That means anything from NIL rules to revenue-sharing agreements could be up for discussion.

Mit Winter, sports attorney at Kennyhertz Perry, described this possibility as a “new wave” of lawsuits that would continue to chip away at amateurism. 

The Caveat

These two options represent the way a clear-cut opinion would affect college sports. 

But the justices could technically write a more open-ended opinion — we just won’t know until they publish it this summer.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

NCAA President Calls for Nationwide Ban on College Prop Bets

The NCAA president is reacting to the recent betting turmoil in sports.
Mar 21, 2024; Brooklyn, NY, USA; Stetson Hatters guard Stephan Swenson (30) reacts during team practice at Barclays Center.

First-Time NCAA Men’s Tourney Bids Could Be on the Verge of Extinction

Power and success are consolidating around the richest teams in college sports.

Ian Eagle Is Ready to Get March Madness Started

He succeeds Jim Nantz as the lead play-by-play announcer for CBS and TBS.

ESPN Locks Up a $7.8B College Football Playoff Extension

Network chairman Jimmy Pitaro announced the six-year deal at a conference Tuesday
podcast thumbnail mobile
Front Office Sports Today

MLB Opens Season With MLBPA, Ohtani, and Ownership Dramas

0:00
0:00

Featured Today

March 22, 2024, Brooklyn, NY, USA; Northwestern Wildcats guard Brooks Barnhizer (13) and Northwestern Wildcats guard Boo Buie (0) react in overtime against the Florida Atlantic Owls in the first round of the 2024 NCAA Tournament at the Barclays Center.
March 27, 2024

‘An Expensive Game’: March Madness and NIL Collectives Are Intertwined

At schools nationwide, collectives are fueling NCAA tournament runs and vice versa.
Iowa’s Caitlin Clark (22) waits to be announced in the starting lineup against West Virginia in a NCAA Tournament round of 32 game Monday, March 25, 2024 at Carver-Hawkeye Arena in Iowa City, Iowa.
March 26, 2024

The Women’s Trading Card Market Is Overlooked. Can Caitlin Clark Change That?

Traditionally, women’s sports cards have been a marginal part of collectibles.
The Sports Illustrated cover signed by Derek Jeter and Alex Rodriguez, February 27, 2019, at Don & Charlie's, 7501 E. Camelback Road, Scottsdale. Don Charlie S
March 24, 2024

Everything You Need to Know About the Ongoing ‘Sports Illustrated’ Saga

Understanding the strange state of affairs for the nearly 70-year-old publication.

Careers

Powered By

Careers in Sports

Looking for a new job? Check out these featured listings and search for openings all over the world.
Live Nation
Multiple - USA Careers
Adidas
Multiple - USA Careers
Spotify
Multiple - USA Careers

How Lack of Planning by NCAA, Gonzaga Led to Racial Abuse of Utah Athletes

The NCAA gave Gonzaga a waiver to place teams in an extremist hotbed.
March 25, 2024

The Brian Kelly ‘Hit Job’ Kim Mulkey Ripped Is Barely About Brian Kelly at All

The article was hardly about Kelly at all.
March 25, 2024

The Pac-12’s Departing Members Have Inked Their Divorce Contract

The settlement resolves a lawsuit brought last fall.
Sponsored

How Daily Fantasy Sports Solved NBA Fantasy

The remarkable growth of the #1 Discord sports server in the world.
March 23, 2024

The Good, the Bad, and the Ugly: Inside the Big East’s Bizarre Online Subculture

Peeling back the curtain on the ‘phenomenally weird’ Big East online ecosystem.
March 22, 2024

March Madness Upsets Reflect Deeper Changes in College Landscape

Calipari laments the reduced role in the sport for younger players.
March 21, 2024

Is Bigger Better? Coaches Divided on March Madness Expansion

Expanding the men’s NCAA tournament has been a big talking point this week.
March 21, 2024

Ready for Liftoff: Women’s Hoops Set to Break March Madness Viewership Marks

The women’s NCAA tournament tips off Friday afternoon.