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How many provisions of the PCSA will be struck down by the U.S. Supreme Court?

Posted on 9/12/26 at 9:26 am
Posted by cbree88
South Louisiana
Member since Feb 2010
11032 posts
Posted on 9/12/26 at 9:26 am
I’m sure people will file federal lawsuits, and the Supreme Court will have to review it just like Obamacare years ago.

How many provisions will be struck down as unconstitutional, and how will it affect LSU?

I think the law has some antitrust violations that the Supreme Court will take issue with. Limiting the number of transfers and giving enormous power and immunity to the NCAA and conferences might not hold up in court.
Posted by rutiger
purgatory
Member since Jun 2007
21973 posts
Posted on 9/12/26 at 9:28 am to
Sir, this is a Wendys.
Posted by bstaceyau19
New Orleans
Member since Jun 2022
1787 posts
Posted on 9/12/26 at 9:28 am to
None. The Commerce Clause in the Constitution gives Congress full authority to regulate interstate business in the US, and all current trust laws were originally written by Congress, so they can change them as needed.
This post was edited on 9/12/26 at 9:30 am
Posted by ChanceOfRainIsNever
Far from Louisiana
Member since Oct 2016
3036 posts
Posted on 9/12/26 at 9:31 am to
Well there needs to be some kind of rules because what we got now ain’t it
Posted by Ebridg3
Baton Rouge, La
Member since Sep 2016
3407 posts
Posted on 9/12/26 at 9:31 am to
quote:

How many provisions will be struck down as unconstitutional, and how will it affect LSU?


You're getting downvoted, but if this bill existed... right now, LSU would be in the effing MAC.
Posted by cbree88
South Louisiana
Member since Feb 2010
11032 posts
Posted on 9/12/26 at 9:31 am to
quote:

None. The Commerce Clause in the Constitution gives Congress full authority to regulate interstate business in the US, and all current trust laws were originally written by Congress, so they can change them as needed.


That doesn’t affect the Constitution, and it doesn’t stop the U.S. Supreme Court from reviewing laws that Congress passes and determining their constitutionality.
This post was edited on 9/12/26 at 9:33 am
Posted by The Baker
This is fine.
Member since Dec 2011
21266 posts
Posted on 9/12/26 at 9:33 am to
Given the current position LSU is in with the SEC, what would be the worst thing for LSU?

Will they give the SEC anti-trust protection?
This post was edited on 9/12/26 at 9:34 am
Posted by cbree88
South Louisiana
Member since Feb 2010
11032 posts
Posted on 9/12/26 at 9:35 am to
quote:

Will they give the SEC anti-trust protection?


That’s what I’m afraid of. This law might actually ruin college sports. The SEC will frick LSU however it wants if this law passes.
Posted by bstaceyau19
New Orleans
Member since Jun 2022
1787 posts
Posted on 9/12/26 at 9:35 am to
quote:

That doesn’t affect the Constitution, and it doesn’t stop the U.S. Supreme Court from reviewing laws that Congress passes.


Only if there are constitutional grounds for such oversight, which in this case there are not because it falls under the Commerce Clause. There is no constitutional provision on what is and is not an illegal trust. That was defined by the Congress in the early 20th Century in varied pieces of legislation. Therefore, they can alter and create exceptions to those laws as they see fit. That's what they did in the Sports Broadcasting Act that gave the NFL a limited anti-trust exemption.

Remember, anti-trust was the legal basis for the case that brought the House Settlement, and the USSC's legalization of NIL. That puts it soley in the hands of the Congress to define.
Posted by The Baker
This is fine.
Member since Dec 2011
21266 posts
Posted on 9/12/26 at 9:36 am to
Yeah. That’s bad news
Posted by cbree88
South Louisiana
Member since Feb 2010
11032 posts
Posted on 9/12/26 at 9:37 am to
quote:

Remember, anti-trust was the legal basis for the case that brought the House Settlement, and the USSC's legalization of NIL. That puts it soley in the hands of the Congress to define.


The Supreme Court can review it if it deems it necessary. Period.
This post was edited on 9/12/26 at 9:39 am
Posted by bstaceyau19
New Orleans
Member since Jun 2022
1787 posts
Posted on 9/12/26 at 9:39 am to
quote:

That’s what I’m afraid of. This law might actually ruin college sports. The SEC will frick LSU however it wants if this law passes.


No, because when the Feds give you an exception, they also give you oversight. Go ask the NFL this. They have had every decision they make have to pass by a Minnesota Federal Court for the last 30 years. You don't hear about it cause the court inly steps in when there is an issue, which is rare.

You're also operating under the false assumption that LSU was ever at serious risk here; they were not.
Posted by bstaceyau19
New Orleans
Member since Jun 2022
1787 posts
Posted on 9/12/26 at 9:40 am to
quote:

The Supreme Court can review it if it deems it necessary. Period.


And i'm telling you they won't. The precedent on this is over 100 years old.
Posted by cbree88
South Louisiana
Member since Feb 2010
11032 posts
Posted on 9/12/26 at 9:41 am to
quote:

And i'm telling you they won't


But they can
Posted by Dizz
Member since May 2008
16253 posts
Posted on 9/12/26 at 9:49 am to
I don’t see how a limit can be imposed on what a player can earn through NIL. That’s the big loop hole. You can limit what schools can pay out but you can’t limit Gordon paying Sam Levitt 800k to do a commercial.
Posted by TigeeDaleC
Prairieville
Member since Jun 2014
213 posts
Posted on 9/12/26 at 9:52 am to
Well, it's not a commerce clause only an interstate commerce clause. It does not give Congress plenary power over all commerce, only sufficient power to maintain the free flow of goods and services across state lines.

Unfortunately, SCOTUS has amended the commerce clause by "interpretation" to expand its reach to almost every aspect of commerce- which is not supported by the text or the writings concurrent with the writing of the commerce clause. For example, in Federalist 42, James Madison describes how the clause will limit cross-state tariffs, referring to similar prohibitions in Switzerland, Germany and the Netherlands.

So, the lesson here is that the Constitution has been slowly and steadily "interpreted" (amended) to have meanings contrary to the text and history of the text.

Posted by mdomingue
Lafayette, LA
Member since Nov 2010
49299 posts
Posted on 9/12/26 at 10:14 am to
quote:

quote:

And i'm telling you they won't



But they can



If someone with standing files a suit and it progresses through the lower courts and appellate system.
Posted by bstaceyau19
New Orleans
Member since Jun 2022
1787 posts
Posted on 9/12/26 at 10:18 am to
quote:

Well, it's not a commerce clause only an interstate commerce clause. It does not give Congress plenary power over all commerce, only sufficient power to maintain the free flow of goods and services across state lines.

Unfortunately, SCOTUS has amended the commerce clause by "interpretation" to expand its reach to almost every aspect of commerce- which is not supported by the text or the writings concurrent with the writing of the commerce clause. For example, in Federalist 42, James Madison describes how the clause will limit cross-state tariffs, referring to similar prohibitions in Switzerland, Germany and the Netherlands.

So, the lesson here is that the Constitution has been slowly and steadily "interpreted" (amended) to have meanings contrary to the text and history of the text.


Translation: The USSC will not throw out the PCSA.
This post was edited on 9/12/26 at 10:20 am
Posted by Geauxgurt
Member since Sep 2013
13751 posts
Posted on 9/12/26 at 10:39 am to
It’s a stupid solution to a problem that was created by the schools, ncaa and media groups.

Let college sports just go back to what it was and let the pro leagues in all sports make their own minor leagues and pay for them themselves.

Hell, let private equity build out those minor leagues and stop the charade of student-athlete once and for all.
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