• Loading stock data...
Sunday, August 10, 2025
Tuned In returns to NYC on September 16. Hear from the biggest names in sports media. Click here to get your spot

The Future of College Sports Hangs in the Balance With the 2024 Elections

The election could decide the fate of the employment status of college athletes. A Republican-led Senate, with Ted Cruz at the helm, would be more inclined to pass NCAA-friendly legislation.

People at the Mesa Convention Center watch former President Donald J. Trump and Vice President Kamala Harris debate on Sept. 10, 2024.
Owen Ziliak-Imagn Images
Oct 3, 2021; Inglewood, California, USA; A general overall view of the NFL Network building adjacent to SoFi Stadium.
Exclusive

ESPN Taking Over NFL Network’s Lease Near SoFi Stadium

The network is picking up a little real estate in its mega-deal.
Read Now
August 6, 2025 |

The NCAA has spent the last decade on a major losing streak in court that has chipped away at the business model of amateurism. It started with athlete NIL (name, image, and likeness) rights, but it could end with a full-on employment model.

So the NCAA has more recently turned its attention to Congress, investing millions in convincing lawmakers to halt, and in some cases reverse, the onslaught. The NCAA’s wish list includes preventing athletes from becoming employees, and getting legal protection to enforce their own compensation rules.

So far, the efforts have been unsuccessful. But the 2024 election, now just two weeks away, could change that. 

Front Office Sports spoke with a half dozen Democratic and Republican congressional aides and industry experts who laid out how the election results could determine the future.

“If Congress doesn’t get in the way, athletes are going to continue to notch wins in court and at the National Labor Relations Board,” a Democratic congressional aide tells FOS. “Time is on the athletes’ side.” But the NCAA could finally get its way if Republicans take control of the Senate. Its odds improve if Donald Trump beats Kamala Harris.


A Republican-led Senate could produce an NCAA-friendly bill—though the NCAA would probably need bipartisan support for it to pass, congressional aides on both sides of the aisle agree. 

Since the NCAA and power conferences began their sophisticated federal lobbying campaign in 2020, legislators have introduced several bills on athlete compensation and held a dozen hearings on the issue. But only one bill has advanced through the markup stage: a brief piece of legislation classifying college athletes as amateurs. But the House has not voted on the bill, and Rep. Bob Good (R., Va.), who introduced it, lost his primary this summer.

But there are other lawmakers—both Republican and Democratic—who will carry on with the issue. And if Republicans take control of the Senate in 2025, they’ll also take control of the Senate Commerce Committee, which has jurisdiction over athlete compensation issues. Sen. Ted Cruz (R., Texas), provided he wins reelection, would likely become the chair. Cruz has introduced a discussion draft of his own legislation and led bipartisan negotiations. Sens. Richard Blumenthal (D., Conn.) and Cory Booker (D., N.J.), who have introduced bipartisan legislation themselves, represented Democrats. (Cruz’s draft was described by the Democratic aide as “not particularly athlete-friendly at all.”)

Senator Ted Cruz (R-TX) speaking along side other Republican Senators holding a press conference discussing a resolution that condemns any action by the Biden Administration to withhold or restrict weapons for Israel on May 9, 2024.
Jack Gruber-Imagn Images

“I spent a lot of time trying to bring Democrats and Republicans together this year on this issue. They were not willing to move this year,” Cruz said during an event at Texas A&M recently. “I’m very hopeful next year, with the gavel, that’ll change.” The NCAA as well as Republican lawmakers are both gearing up to continue the negotiations Cruz started this summer

In his comments, Cruz laid out basic principles he thinks a bill should include: The NCAA should be “empowered” to set rules for itself, and athletes should be barred from employee status—a provision that will likely become the main sticking point. 

The issue has “devolved into a partisan fight,” the Democratic aide tells FOS. The strength of unions is a major ideological issue in the 2024 election, with Democrats wanting to appear as pro-labor as possible, and Republicans wanting to quell collective bargaining activity. Some Democrats also view the issue as an extension of the growing pro-labor movement on college campuses, from student dining hall employees to graduate student workers. For this reason, Booker, Blumenthal, and Sen. Jerry Moran (R., Kans.) left the employment question out of their bill completely.

But the two Republican aides, as well as NCAA SVP of external affairs Tim Buckley, believe there’s been significant progress in convincing Democrats to pass a law barring athlete employment status. Buckley points to comments Sen. Blumenthal made this summer essentially conceding athletes don’t have to be employees to have rights and protections. The Republican aides also believe Democrats might be more willing to sign onto a bill of this nature if players get additional perks, like assurances over health care and revenue-sharing. One lobbyist, however, tells FOS: Democrats are “not going to vote on anything that forbids people from going into a union.”

The NCAA’s lobbying efforts could face more opposition in the next Congress as well. Major men’s and women’s professional sports unions, as well as the broader AFL-CIO, have come out in favor of college athlete collective bargaining rights. They already have lobbying infrastructure that they could deploy for the college sports issue. And other groups, from college athlete advocates to an organization of collectives have ramped up lobbying efforts of their own.

Either way, “bipartisan legislation will still be necessary,” Buckley says.


Sources were unsure how a Kamala Harris administration or a second Donald Trump administration would affect college athlete compensation and unionization. The Biden administration has expressed interest in exploring collective bargaining for athletes, but hasn’t taken concrete action. Trump did not address this issue during his previous election or presidential term (he was more focused on taking credit for the return of Big Ten football). The working assumption: Neither would be interested in “wasting” a veto of a college sports bill that arrives at their desk, especially if it has bipartisan support, the lobbyist said.

The next president could, however, indirectly determine the fate of two labor cases over athlete employment. 

Dartmouth men’s basketball players were granted the right to unionize by the National Labor Relations Board earlier this year—a decision the school has requested to appeal. The NLRB is also considering whether USC football and basketball players should be reclassified as employees after a months-long hearing this past winter.

Dartmouth Athletics

The president can appoint one new member to the five-person NLRB national board per year (with confirmation through the Senate), as well as an NLRB general counsel. The board hears appeals of local office rulings, while the NLRB’s general counsel decides which cases to pursue and adjudicates them on behalf of employees. 

The current NLRB is amenable to the idea that athletes are employees. Sitting General Counsel Jennifer Abruzzo has come out in favor of athletes, and the current NLRB board includes three Biden appointees, one Trump appointee, and one vacancy.

By the time that makeup changes, it could be too late for the NCAA. Democratic Chairman Lauren McFerran is up for re-confirmation, and Republican Josh Ditelberg is up for first-time confirmation to fill the fifth vacant spot. If the Senate approves both, the board would remain majority-Democrat until at least 2026, even if Trump wins reelection. That bodes well for the pro-employment camp. 

Trump would, however, fire Abruzzo and replace her with a more employer-friendly general counsel—someone who probably wouldn’t take a pro-employment position in future athlete cases. But USC and Dartmouth would likely continue either way.

The only way to ensure the NLRB’s cases are halted, of course, is for Congress to pass a law. A lame-duck Congress could attempt to fast-track a college sports bill, but it’s unlikely major movement will happen in Congress before inauguration day. 

Buckley feels the pro-NCAA momentum is mounting in Congress, however: “The further we get into 2024 and into 2025, our position and the position of the college sports world … we believe gets stronger on Capitol Hill.”

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Everyone in Sports Wants to Be an Owner

The new brass ring for everyone in sports.
Dec 14, 2019; Philadelphia, PA, USA; President Donald Trump wave during the second quarter of the game between the Navy Midshipmen and the Army Black Knights at Lincoln Financial Field

‘Political Gold’: Trump Putting His Stamp on College Sports 

Trump has embraced executive action on hot-button college sports issues.
Chad Ochocinco

Shannon Sharpe, Chad Ochocinco Settle $20 Million Defamation Suit 

It’s the second multimillion-dollar lawsuit Sharpe has settled in recent weeks.

Three Schools Sue Mountain West, Commish Over Withheld Funds

Boise State, Colorado State, and Utah State intensified the court battle.

Featured Today

Inked Under Anesthesia: Athletes Getting $50,000 Tattoos

High-end studios, elite artist teams, and hours under anesthesia.
Coco Gauff at New York Liberty
August 2, 2025

How the New York Liberty Became the Hottest Ticket in Town

Once banished to the burbs, the Libs are now Brooklyn’s marquee attraction.
Las Vegas sign
July 29, 2025

College Sports Embracing Vegas After Years of Cold Shoulder

The Big Ten became the latest newcomer to Sin City.
2000, Jupiter, FL, USA; FILE PHOTO; Montreal Expos pitcher Hideki Irabu in action on the mound against the New York Mets at Roger Dean Stadium during Spring Training
July 28, 2025

Dead Sports Franchises Are Alive and Well on Twitter

The Expos, Sonics, and Whalers have active social media accounts.

March Madness Fields Will Stay Put at 68—at Least Until 2027

NCAA tournament expansion is still on the table for 2027.
Stanford
August 1, 2025

John Donahoe Taking Over Stanford Sports After Rocky Nike Tenure

John Donahoe will be Stanford’s AD after a four-year stint running Nike.
May 4, 2017; Columbus, OH, USA; The BYU Cougars against the Long Beach State 49ers at St. John Arena
August 4, 2025

Federal Judge Tells Stephen F. Austin to Reinstate Women’s Sports Teams

Schools may not be able to follow through on threats of cuts.
Sponsored

Hottest Matchups Following NFL Schedule Release

The NFL released the 2025 regular-season schedule, and anticipation is already building in the ticket marketplace with four months to go.
NCAA Track
July 31, 2025

NIL Collectives Can Still Pay College Athletes, With Some Restrictions

NIL collectives will still play a pivotal role in recruiting.
Rutgers
July 28, 2025

Rutgers Finds New Athletic Director After Almost a Year

Rutgers’s previous athletic director, Pat Hobbs, resigned in August 2024.
Jan 20, 2025; Atlanta, GA, USA; Notre Dame Fighting Irish tight end Mitchell Evans (88) runs the ball against the Ohio State Buckeyes in the second half in the CFP National Championship college football game at Mercedes-Benz Stadium.
July 25, 2025

‘More Bark Than Bite’: What Trump’s Executive Order Means for College Sports

“This all comes down to Congress and the courts.”
July 24, 2025

UNC’s Bill Belichick Brings His NFL Swagger to ACC Media Days

UNC is becoming one of the most interesting stories in college football.