NCAA v. Alston Supreme Court Decision Explained

This episode covers the Supreme Court decision rendered in NCAA v. Alston on June 21, 2021 (originally published June 23, 2021). This is the biggest decision in college sports in almost 40 years. We address some of the things that this decision does and does not do, as well as what this means for college sports moving forward.

Time Stamps:
0:00 Intro
1:01 Who won?
1:18 Significance of the Case
1:36 Did Alston end amateurism in college sports?
2:02 Can schools pay college athletes ("pay-for-play")
2:08 How does NIL differ from pay for play
2:23 Why did the case name flip from Alston v. NCAA to NCAA v. Alston?
2:53 Was it a mistake for the NCAA to appeal to the Supreme Court in Alston
3:14 What was the issue on appeal/what did this case decide?
4:51 What are "education-related expenses"
6:10 "No Lamborghini rule"
6:18 District court's injunction and what NCAA could still control
8:35 Supreme Court upholding Ninth Circuit
9:06 What did this decision do
10:04 Significance of Alston decision
10:32 Rule of Reason analysis under antitrust
10:57 Board of Regents (S. Ct 1984) clarified and the impact of that
11:44 "ample latitude" and other language was mere dicta
12:45 Court's comments about the current state of college sports
13:18 Impact on prior cases that relied on Board of Regents
13:30 NCAA's response to Alston decision and Justice Kavanaugh's concurrence
13:56 NCAA's reliance of Justice White's dissent in Board of Regents
14:42 Important language in Justice Kavanaugh's concurrence and Justice Gorsuch opinion
16:46 "the NCAA's business model would be flatly illegal..."
17:17 Athletes playing "for the love of the game"
18:13 Potential impact of this decision in future litigation
18:21 Will athletes be paid by their schools
20:03 Kavanaugh's concurrence impact of certain changes on future NCAA antitrust analysis
21:12 Antitrust exemption for NCAA
21:29 Collective bargaining for NCAA athletes
23:13 Impact of this decision within NCAA
24:00 Comment about litigation related to the NCAA
25:20 How this will impact NIL rules
26:06 What this means moving forward for NCAA and conferences creating/enforcing rules
27:08 What happens if Congress grants NCAA and antitrust exemption

NCAA v. Alston Opinion: https://www.supremecourt.gov/opinions...

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