SEC & Big Whatever Discussing Potential Revenue Sharing With Players

Kavanaugh was writing in the majority, as a concurring opinion. The majority ruled on the facts that the ncaa had violated the law, and his concurrence addressed the broader facts, but it is a scotus ruling.

“The court making law.” Read plessy v Ferguson where the scotus accepted legislation that said “separate but equal” as promoted by legislatures was legal. Leading to denial of the basic rights of Americans of color for 70 years. Yes, courts can over reach. They also can fail to rule on basic law in the face of “tradition” or “what has always been done.” Just because the court finally faces legal questions not previously raised does not mean they are legislating.

If you understand labor and antitrust law, this is not even a close issue. Kavanaugh and a very conservative court laughed the ncaa out of court in a 9-0 opinion. The ncaa created horrible facts over the last decades and got shut down. Not an issue of court over reach but a case of the ncaa trying to have a for profit business built on an “amateur” excuse for not paying players.

When the past damages against you is billions, you really messed up.

 

I know. Others were suggesting that the court was legislating from the bench. That is simply not the case in this situation.