SCOTUS dunks NCAA. Kavanaugh, not satisfied with his limp wristed colleagues, goes in for the kill

1  2021-06-22 by Ravensthrowit

50 comments

Much to my personal delight, the NCAA might be royally screwed in the coming years. The whole opinion is gold if you hate the NCAA as much as the Boz, but Kavanaugh apparently hates what they stand for so much, he just couldn’t help bringing the heat:

“The NCAA acknowledges that it controls the market for college athletes. The NCAA concedes that its compensation rules set the price of student athlete labor at a below-mar- ket rate. And the NCAA recognizes that student athletes currently have no meaningful ability to negotiate with the NCAA over the compensation rules.

The NCAA nonetheless asserts that its compensation rules are procompetitive because those rules help define the product of college sports. Specifically, the NCAA says that colleges may decline to pay student athletes because the de- fining feature of college sports, according to the NCAA, is that the student athletes are not paid.

In my view, that argument is circular and unpersuasive. The NCAA couches its arguments for not paying student athletes in innocuous labels. But the labels cannot disguise the reality: The NCAA’s business model would be flatly il- legal in almost any other industry in America. All of the restaurants in a region cannot come together to cut cooks’ wages on the theory that “customers prefer” to eat food from low-paid cooks. Law firms cannot conspire to cabin lawyers’ salaries in the name of providing legal services out of a “love of the law.” Hospitals cannot agree to cap nurses’ income in order to create a “purer” form of helping the sick. News organizations cannot join forces to curtail pay to reporters to preserve a “tradition” of public-minded journalism. Movie studios cannot collude to slash benefits to camera crews to kindle a “spirit of amateurism” in Hollywood.”

Kavanaugh continues:

“... But those traditions alone cannot justify the NCAA’s decision to build a massive money-raising enterprise on the backs of student athletes who are not fairly compensated. Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate. And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law.”

Lmao at the NCAA, they thought that this case was ez pz business as usual because of its incredibly narrow parameters. I hope the whole thing falls apart.

Kavanaugh continues to be a dramaking

Kav is unironically based, and not just because he's a beer chugging Chad.

Lol I read an article on him which basically said he was from a very upper class liberal environment and at serious risk of "liberal drift" because he cares about his reputation and fitting in with fellow elites.

Conservative judicial orgs are always on the look out for possible "liberal drift" and ol Kav was I guess, way up the list, which makes me wonder how Trump was allowed to nominate him.

He was actually on the short list given to Trump by the Federalist Society.

I hope Kavanaugh does drift left, if for no other reason than to watch Ted Cruz lose his mind

Yeah I know, I just don't get how.

It might honestly have something to do with Kav being a beer-lovin', sexually assaultin' psuedo-fratstar. Big cool guy justice for big boy macho president

After how the dems treated him? I think his experience being dragged might be "indelible in the hippocampus", if you happen to speak "kombucha sissy"

Given how he's ruled, seemingly not.

which makes me wonder how Trump was allowed to nominate him

They weren't really Trump's picks, they were cocaine turtle's picks.

my guess?

They didn't trust Trump and figured that Kavanaugh, while more likely to drift, would be a safe bet to not go too far to the right and could reign Trump in.

Kavanaugh is friends with the Bushes. Old George called in a favor with Susan Collins to get her vote for him.

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Kennedy supposedly played a pretty big role in the choice. Trump is also a moron and had no judicial philosophy so there is that as well. His only solid nom was Gorsuch, ACB was a particularly awful choice imo. Rushing or Lagoa would've been far better but Trump is dumb so what can you do. It was embarrassing seeing the cons simp for ACB who will likely be another corporatist Roberts type.

Wasn't everyone freaking out like this guy was gonna be Hitler on the supreme court? Since he joined the court, all I've heard about him are generally good and progressive things. He probably has a hate boner for abortions, so when Roe v Wade gets dragged back into the SCOTUS, media will be on him again.

They didn’t care about Kavanaugh, they cared about who was appointing Kavanaugh

This

I hope the model becomes the soccer club system where kids from 14 or younger learn how to be athletes as their education.

It makes way more fucking sense.

If you're talented enough to possibly go pro, go into a club system. You still get a normal education, but the focus is on your talent.

Then if for whatever reason you don't make it pro, you're still like 20 years old and can go to college or whatever.

Yeah but middle and high schools along with colleges can’t not pay kids under the claim of amateurism.

Oh, in eighth grade, a kid got a burger for free from a coach. End his entire career until he becomes a full adult! Let the coach keep their full salary but screw the kid! How dare you stop us from making a blanket rule that punishes every child!

Now when you say "got a burger from his coach", you really mean his eggplant, right?

Wait wait wait, so the whole student athlete compensation thing was still going, after all these years? Wow.

Law firms cannot conspire to cabin lawyers’ salaries in the name of providing legal services out of a “love of the law.” Hospitals cannot agree to cap nurses’ income in order to create a “purer” form of helping the sick. News organizations cannot join forces to curtail pay to reporters to preserve a “tradition” of public-minded journalism.

This all sounds pretty nice, though.

scotusposting

My man.

I look forward to the NCAA trying to continue being a corrupt pile of shit, it should be funny.

I couldn’t believe no one posted this yet, then remembered people here unironically care about gayming streamer drama.

Kavanaugh even openly floats litigation as a means to an end in his opinion. Dis gonna be good.

You can tell the other justices are nerds who couldn't lift a sportsball but Kavanaugh earnestly has an opinion on the NCAA as a whole going in lmao

Hilariously enough, since this opens up schools guaranteeing players internship$$$ (etc), wealthy schools suddenly can offer recruits WAY more than Bama or Clemson

Guess what university has the largest endowment per student?

Guess what Kavanaugh's alma mater is?

😏

Dude, you think Yale is going to be the one reaping the most benefit from being able to dump money on players? Notre Dame is going to absolutely clean the league out if given the chance to directly funnel their alumni money into student athletes. Not only that, but the better they do, the more money ND football generates from a wealthy alumni network already famed for its zealous devotion to the school team.

USC is gonna be an even bigger monster than ND.

Harvard and Yale could easily rise up to or surpass both if (1) their alumni gave a shit about football again and (2) the Ivy League quit their no scholarships nonsense. I don't know if this ruling has bearing on rules set by conferences, though.

You are definitely right about USC. It's only appropriate that ND hates USC, lol.

their alumni gave a shit about football again

Not gonna happen. When was the last time nerds cared about their colleges' football franchises? Back when it was still a "gentleman's game" with a bunch of lanky white guys in leather helmets?

It's a dumb conspiracy theory for r/Drama, nothing serious. Though I do wish Ivy League football could at least fill half of their stadiums for non-rivalry games.

Btw if you ever get a chance, though, go to Harvard-Yale! It's absolutely 🔥🔥🔥 Tailgating those are honestly the most fun days I've ever had

USC is also is going to clean up in the imagine and likeness. When USC is rolling their players are basic mini celebs.

They’ll get some hot piece of man meat to run up ads on Instagram

He coached girls basketball, and the Dems couldn't find one former player willing to say he molested her. Either he's the worlds greatest lover or he genuinely just loves the game and isn't a sex freak.

Didn't he used to coach a basketball team or something?

It makes sense.

I dunked on a lolcow yesterday by citing the majority and concurrent opinions. No joke.

Loool, my boss verbally slap the shit outta me if I started a sentence with “and”. I gotta find a way to sneak it in a report tomorrow and then cite SCOTUS 😂

DO IT! Then report back!

As a grammar nerd myself, I see SCOTUS justices doing it as a green light, personally.

I see SCOTUS justices doing it as a green light, personally.

start citing past scotus cases to support your argument despite its original context meaning the opposite of what you use it for

He didn’t like it. And he let me know his displeasure by crossing out the entire section of the paragraph and rewording it himself so I can’t even bring up the gotcha moment. Now I am working free overtime to rewrite it. Probably should’ve picked the laid back PM to do this to lol ¯_(ツ)_/¯

I'm pro-enslaving children so this is a terrible setback for my vision of what society should be.

Also didn't Johnny Manziel get suspended for signing some autographs. What a joke.

Can’t wait for the SEC arms race. Will be good to see some kids make more in college than they ever will in their careers. Hope the schools get smart and just insure the kids which resolves the real fears here.

There's something weird about going to college in order to get more stupid though.

that’s always how it works though

"Do you think Shaq got rich playing in Orlando?"

"No, he got rich playing in college. Everyone knows that."

I look forward to the SEC school with the best-paying "internships" being Vanderbilt 🤔😂

Every judge btfo the NCAA truly amazing. Been awhile since I have seen this much of a beat down in a case honestly

Between this and the 12-team playoff expansion, you'd be surprised how many college football fans are seething

Michigan fans will still complain that they are losing only because the sec and tOSU are cheating.

Shut up

I dont remember in recent history Court going for back to back unanimous rulings in recent history. Another one happened couple of days ago.

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