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The opinion: https://www.supremecourt.gov/opinions/20pdf/20-512_gfbh.pdf
https://www.cnbc.com/2021/06/21/sup...hletes-in-compensation-dispute-with-ncaa.html
The case was originally brought by Shawne Alston, a former West Virginia running back, and other student athletes. The dispute, known as National Collegiate Athletic Assn. v. Alston, No. 20-512, is separate from the ongoing controversy over NCAA rules that restrict athletes from being paid to play or for doing endorsement deals.
The latter rules have not yet come before the Supreme Court, and the court’s opinion did not weigh on their legality.
However, Trump appointee Justice Brett Kavanaugh suggested in a blistering concurrence to Monday’s opinion that those rules may also run afoul of antitrust law. He wrote that “The NCAA is not above the law” and that “The NCAA’s business model would be flatly illegal in almost any other industry in America.”
“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.”
“And if that asserted justification is unavailing, it is not clear how the NCAA can legally defend its remaining compensation rules,” Kavanaugh wrote.