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re: Justice Brett Kavanaugh Re: the NCAA (from opinion released this morning)

Posted on 6/21/21 at 11:22 am to
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
141093 posts
Posted on 6/21/21 at 11:22 am to
NCAA/Emmert's response

quote:

NCAA statement on U.S. Supreme Court decision

While today’s decision preserves the lower court ruling, it also reaffirms the NCAA’s authority to adopt reasonable rules and repeatedly notes that the NCAA remains free to articulate what are and are not truly educational benefits, consistent with the NCAA’s mission to support student-athletes.

“Even though the decision does not directly address name, image and likeness, the NCAA remains committed to supporting NIL benefits for student-athletes,” said NCAA President Mark Emmert. “Additionally, we remain committed to working with Congress to chart a path forward, which is a point the Supreme Court expressly stated in its ruling.”
Posted by STLhog
Nashville, TN
Member since Jan 2015
17718 posts
Posted on 6/21/21 at 11:24 am to
If they're going to class and following their scholarship guidelines, no. Neither should.

Same as the players.

You could even allow athletes to choose if they want the education vs a simple payment of what it would cost their tuition/board that is taxable.

Vast majority would still take the degree/go to class. Those that don't would be risking a lot to make 50-100k that is taxed and wind up without a degree.

There's a ton of ways to skin the cat that work better than what is in place right now.
This post was edited on 6/21/21 at 11:25 am
Posted by STLhog
Nashville, TN
Member since Jan 2015
17718 posts
Posted on 6/21/21 at 11:27 am to
quote:


With all the b!tching done by the WNBA and its sycophants, Imagine if the WNBA had something like Title IX in its arsenal.


Yea I mean its not different than UBI/socialism stuff that is in play right now.

The NBA does currently fund the WNBA though no? It's essentially a title 9 in itself... Unless I'm totally wrong about that.
Posted by RollTide1987
Augusta, GA
Member since Nov 2009
65056 posts
Posted on 6/21/21 at 11:34 am to
The best way around this for the NCAA is by requiring the athletes to pay for their own degree upfront with a lump sum salary that equals the cost of their scholarship.

Posted by RLDSC FAN
Rancho Cucamonga, CA
Member since Nov 2008
51560 posts
Posted on 6/21/21 at 11:41 am to
Good read from the athletic. Free article

quote:

Immediate implications

Kavitha Davidson, sports and culture writer: 

It's important to keep in mind the limited scope of Monday's ruling and not overstate its immediate impact. College athletes will now be able to receive compensation for education-related expenses, such as laptops and postgraduate scholarships. The unanimous decision, delivered by Justice Gorsuch, reiterated that the Court was not making a broader ruling about the principle of amateurism.

In his concurring opinion, Justice Kavanaugh used stronger language to question other compensation-related issues in the NCAA. That opinion does not set binding precedent. It could, however, potentially provide persuasive authority in future cases.



LINK
Posted by Enzos Tiny Pito
Member since Oct 2019
1847 posts
Posted on 6/21/21 at 11:50 am to
In before some D3 scrub is on Twitter whining about why he's not getting paid
Posted by MontyFranklyn
T-Town
Member since Jan 2012
23830 posts
Posted on 6/21/21 at 12:22 pm to
Wouldn't you have to tax all scholarship students as well? Would academic scholarships qualify as income?
Posted by TigerintheNO
New Orleans
Member since Jan 2004
41179 posts
Posted on 6/21/21 at 12:30 pm to
quote:

Actually after reading the decision it isn't that bad for the NCAA. Nothing really changes from this.


Yep, Kavanaugh's opinion wasn't the led opinion, Gorsuch's was.

Gorsuch wrote that the nation's highest court limited the scope of its decision on those education-related benefits. Rather than delving further into questions about the association's business model.
Posted by LaLadyinTx
Cypress, TX
Member since Nov 2018
6016 posts
Posted on 6/21/21 at 12:31 pm to
quote:

I don’t think this will play out like a lot think... most players’ “worth” is less than their current tuition/room/books/food/etc. but that doesn’t matter... it’s going away.


This!!! The problem is there are a very select few players who are worth a really lot of money and almost every other athlete on campus is worth less than their tuition. This will hurt the majority of athletes.
Posted by BeYou
DFW
Member since Oct 2012
6025 posts
Posted on 6/21/21 at 12:36 pm to
Anyone else think it's telling that no other justice joined Kavanaugh's concurrence? Leads me to think that SCOTUS wouldn't rule amateurism is in violation of the Sherman Act?
This post was edited on 6/21/21 at 12:36 pm
Posted by LaLadyinTx
Cypress, TX
Member since Nov 2018
6016 posts
Posted on 6/21/21 at 12:36 pm to
quote:

lots of kids who think scholarships are their way out of bad situations won’t be able to get them now


And lots of players were forced to get some college education because of athletics! I know many kids who went to college because they could continue to play sports. Their sport forced them to take and pass classes and work towards a degree that they never would have done. Even if they don't finish the degree it truly makes them better in the long run.
Posted by LaLadyinTx
Cypress, TX
Member since Nov 2018
6016 posts
Posted on 6/21/21 at 12:40 pm to
quote:

So sick of this. Players are paid. They have scholarships, food, medical care, tutors, and access to other resources that no one else at the schools has access to.

No one is forcing them to take those scholarships and play.


But someone sort of is forcing them to take those scholarships. They can't just go to the NFL who has been using the NCAA as it's "farm" system. Some of the top tier players would choose to go to the NFL some other way if they could, but that path doesn't really exist currently.
Posted by moneyg
Member since Jun 2006
56466 posts
Posted on 6/21/21 at 12:43 pm to
quote:

The issue is, by that logic, athletes should have to pay for their tuition, etc.



I don't think that's the biggest issue.

Where does Title IX fit into the discussion if athletes are employee?

When the justification for them being employees is profit, what does that do to players in sports that do not generate profit? Is the NCAA obligated to pay them minimum wage? If so, do they need to maintain the Title IX quotas? If not, where is the line drawn? And, if you have to pay the players, does the NCAA now have the right to claim more of the NIL while they are employed?
Posted by LaLadyinTx
Cypress, TX
Member since Nov 2018
6016 posts
Posted on 6/21/21 at 12:44 pm to
quote:

I had both scholarships and tuition waivers in college. The cash scholarship was taxable while the waiver wasn’t


What's the practical difference?


My daughter had scholarships, both athletic and academic that were awarded by the school. They were just on paper movements of university funds and eliminated her tuition. They were not taxed. If she received other kinds of tuition that went straight to her in cash $$$ to be spent however she needed, that would be taxable.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/21/21 at 12:46 pm to
In the end, it all comes back to the school and its reputation whether it be relative to athletics, location, prestige. Student-athletes go the school because of those aforementioned reasons and contribute in that regard and that continues the cycle, college sports is what it is because of the schools at the end of the day, the student-athletes do play a role but they don’t make the school. The consumer watches college sports and cheers primarily if not exclusively because of the school.
Posted by moneyg
Member since Jun 2006
56466 posts
Posted on 6/21/21 at 12:53 pm to
quote:

I hate to say it, but I could see a slow and gradual decline in college sports.



Oh, this is going to happen. Although, I don't know how slow it will be.

The push for change because everyone has their feelings hurt about players voluntarily entering into a scholarship agreement which they can break at any time is going to end up eliminating the product that existed.

There's way too many people that don't have the foresight to see it.

Most of the value these kids have is based on them playing in the NCAA. I'd say most people are like me in that they would have almost no interest in a minor league.
Posted by moneyg
Member since Jun 2006
56466 posts
Posted on 6/21/21 at 12:55 pm to
quote:

most CFB programs lose money without paying players and I don't think this accounts for the scholarships



I don't think they do. I think their Athletic Department loses money when you consider all of the non-revenue sports. Football is probably a money maker for the most programs.
Posted by moneyg
Member since Jun 2006
56466 posts
Posted on 6/21/21 at 12:57 pm to
quote:

Good. The NCAA needs to go the way of the Dodo.



Something tells me you haven't even considered what the landscape would look like without the NCAA. If I'm wrong, please describe what you think it would look like.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/21/21 at 12:59 pm to
In this case, the SCHOOL makes the student-athlete, NOT the other way around like it is in professional sports and I prefer it that way, not sure I want one of America’s greatest entities to venture into this great unknown. I get the pay the players argument but this entity is sui generis and relates COMPLETELY to being a student at an educational institution, not employee. Like it is in high school sports.
Posted by LaLadyinTx
Cypress, TX
Member since Nov 2018
6016 posts
Posted on 6/21/21 at 1:01 pm to
quote:

So playing college sports is a job now? horseshite.


Yeah, try to skip practice because you have a big test in two days. See what happens.

At least a job might give you the time off.


It is very much a job. Even if you're talking about other sports like swimming and diving, gymnastics, or soccer. Besides the 20+ hours they put in for practice, weight room, and games, the athletes sometimes have appearances at events, and most of all, they still have school. Even though people assume the athletes are out there taking super easy classes and getting given grades, that's just wrong. The majority of athletes are the hardest working kids on campus. Most of them are actually trying to get a degree because they won't be professionals in whatever their sport. Some teachers are understanding, but many/most aren't. My daughter came in from a bus ride that arrived about 7 hours late at 7 in the morning and had to show up for class on that Monday morning for a test. Most don't get special academic treatment.

That's the thing...not all athletes are blue chip football and basketball players, but the rules probably affect them all.
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