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Jun 21, 2021
The Supreme Court has unanimously ruled against the NCAA and in favor of student-athletes. In NCAA v. Alston, the Court held that while the NCAA may prohibit payments to students, it cannot restrict educational benefits provided to student-athletes. While cash payments for playing may still be restricted, benefits like laptops, and internships, even paid ones, cannot be banned. This is a sea change for college athletes and athletics likely to produce profound changes across the board.
Justice Gorsuch wrote for the unanimous Court, and Justice Kavanaugh wrote a concurring opinion. Kavanaugh’s concurrence suggests the NCAA may have more trouble on its hands in the future regarding direct payments. He says he is writing to “underscore that the NCAA’s remaining compensation rules also raise serious questions under the antitrust laws.”
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