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re: Great analysis of the Maason Smith situation and NCAA incompetence
Posted on 8/26/23 at 11:35 am to doubleb
Posted on 8/26/23 at 11:35 am to doubleb
quote:
The US Supreme Court ruled athletes had the right to profit from their NIL on June 21st 2021.
Contrary to popular belief, the US Supreme Court didn’t rule on NIL. The case was about other benefits provided by schools beyond what the NCAA allowed at the time.
Kavanaugh issued a concurring opinion on the case that blasted the NCAA’s business model and made clear that the NCAA was at major risk in future cases. But the ruling itself did not directly impact NIL because it wasn’t part of the case. Essentially, Kavanaugh’s opinion put “the writing on the wall” so to speak.
The thing that actually forced the NCAA’s hand was the wave of state laws legalizing NIL. The NCAA’s “interim” NIL policy went into effect at the same time as the first wave of state NIL laws. That deadline had already been looming long before the USSC ruling.
If anything, the USSC ruling’s real impact was to show the NCAA that they would get zero relief from the federal courts. This, combined with their failure lobbying for federal legislation, meant they could either comply with the new state laws or cease to exist.
ETA: I still think it’s bullshite that LSU would have been able to pick a game in 2022, but not in 2023 after his injury. That strikes me as a petty ruling by the NCAA. But I don’t think LSU/Maason have the legal standing to fight it that some of you are suggesting.
This post was edited on 8/26/23 at 11:43 am
Posted on 8/26/23 at 12:10 pm to lostinbr
quote:
But I don’t think LSU/Masson have the legal standing to fight it
I don’t think standing would be difficult given previous ruling, kavanaugh’s concurrence and anti-trust, but agree getting an injunction and actually winning that case isn’t as clear.
At the end of the day if BK said they exhausted all appeals then my guess is that they consulted and were told that a legal challenge avenue would either be unsuccessful or would cause more damage long term, whether that be in the severity of this punishment, future punishments or the image of LSU and NCAA investigations as a whole. Sprinkle in that it seems Maason isnt 100% yet and I feel like you gotta trust BK is making the best decision given his options here. People who say this was botched by LSU are probably still complaining that Daniels is starting over Nuss. NCAA being petty but whatever, let them dig their own grave
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