re: If NIL was forced by the courts, could Smith suspension not be litigated?

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That is what I said in another thread. He is being punished under a rule that has been declared unconstitutional by the United States Supreme Court.

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Congratulations, you got it wrong two times. The USSC has issued no rulings on NIL, nor the creation of the NCAA rules for NIL, nor the rules that were in place prior to the NCAA adopting its new NIL rules, nor did it rule on the NCAA's limitations on non-education related compensation for student-athletes.

ETA: Just some final points to address on your gross mischaracterization of Alston:

1. The USSC concurred with the District Court that the NCAA Rules on limitations of education related compensation for student-athletes violated provision(s) of the Sherman Anti-Trust Act, it was not a Constitutional Law issue it is a violation of a statute. So no, nothing in the ruling declared any NCAA rule or regulation "unconstitutional".

2. In Alston the USSC did not rule on the NCAA rules limiting non-educational compensation to student-athletes (this issue was not on appeal before the USSC). These are the very NCAA rule(s)/By-Laws under which Smith is being punished for his actions prior to the effective date of the NIL By-Laws passed by the NCAA member institutions. So, once again your assertion is baseless and entirely incorrect.

3. Wow, one sentence and two major screw-ups on your part, legal brilliance on display, ladies and gentlemen.

I don’t think people are giving Maason enough criticism in this. He knew it was illegal at that time and his family is seemigly well off. Poor decision making in his part. It shouldn’t be against the rules but it was. I’m more disappointed in that than anything. NCAA gonna NCAA

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So the rules that the presidents of the member institutions vote on and agree to abide by are bullshite because you do not like the outcome?

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No, the bullshite part is continuing to pursue punishment under a rule that said institutions voted to change.

I mean, this is like legalizing marijuana, and then sentencing some guy to do time because he got caught with an ounce the day before it was legal. At the same time, all his friends are now walking into the dispensary and buying gummies, kush and vape cartridges while their friend is getting punished for something now perfectly legal.

Not a lawyer, but ex post facto mean anything here?

As a libertarian I strongly support releasing and expunging the records of anyone convicted of something that’s decriminalized.

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Ok, you want to play "what if" games. What do you do with the man sentenced to life in prison for the transportation of 50 tons of marijuana into the US two years before the law changed? Release him? or Keep him confined to serve his sentence?

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A simpler version of this would be if someone got a ticket for traveling 70mph in a 55mph zone and the following week the speed limit was revised from 55 to 70. Does the court still require the tickets to be paid? As frustrating and silly as it may seem, I believe the answer is yes.