https://www.cnbc.com/2021/06/21/sup...hletes-in-compensation-dispute-with-ncaa.html
"Everyone agrees that the NCAA can require student athletes to be enrolled students in good standing. But the NCAA's business model of using unpaid student athletes to generate billions of dollars in revenue for the colleges raises serious questions under the antitrust laws," Kavanaugh wrote.
He added that it was "highly questionable whether the NCAA and its member colleges can justify not paying student athletes a fair share of the revenues on the circular theory that the defining characteristic of college sports is that the colleges do not pay student athletes."
Haven't read the opinion and I probably will not read it.
But it seems to me that the SCt is ignoring the fact that a Scholarship is a private contract between the College and the Athlete.
You play athletics, study, research, play in the school orchestra, etc and TCU will give you a scholarship.
A student is not an employee.
So TCU makes money on football game day.
Just as Corporate America makes money from its employees efforts.
The difference is the manner of compensation.
An employee gets a wage,
A Research fellow gets a grant.
A band member gets a scholarship.
A student gets an achedemic scholarship.
A football player gets a scholarship.
Each student is free to pay tuition and not be obligated to perform in exchange for the scholarship and its benefits.
SCt may have left out that most schools don't make "millions" on women's laCrosse, men's water polo, crewing, etc.
So the NCAA is going to force compensation to just a few student athletes and not others?
Clearly there is a quid pro quo and both parties are free to opt out of the current system.