Brian Kemp signs NIL --- Executive Order

CEB

Helluva Engineer
Messages
2,588
I'm not taking a side in this, just sharing what this guy says. He's an attorney who is following the ACC lawsuits closely.

David McKenzie comment on GA NIL order

Also, the thread title misleadingly calls Kemp's executive order a law. Regardless, it may be unenforceable.
That’s interesting. I wonder if the similar laws in other states are also unenforceable or if there is something unique to GA that makes this so?

To me, all of them feel like a means to an end… the end being someone somewhere somehow coming up with an enforcement mechanism and some sort of parameters. I don’t see how or when that happens at present.
 

RonJohn

Helluva Engineer
Messages
4,990
I'm not taking a side in this, just sharing what this guy says. He's an attorney who is following the ACC lawsuits closely.

David McKenzie comment on GA NIL order

Also, the thread title misleadingly calls Kemp's executive order a law. Regardless, it may be unenforceable.
That was my thought about it. I can tell my bank that my checking account has $10 billion in it. I could sign a"private party order" to that effect. The bank however would not agree with me. The governor not the President can simply order something with no legal authority to order it.
 

RonJohn

Helluva Engineer
Messages
4,990
That’s interesting. I wonder if the similar laws in other states are also unenforceable or if there is something unique to GA that makes this so?

To me, all of them feel like a means to an end… the end being someone somewhere somehow coming up with an enforcement mechanism and some sort of parameters. I don’t see how or when that happens at present.
This isn't a law. This is Kemp signing a paper and saying this is how he wants it to be. The is no such law, and no legal authority for him to do this.
 

Buzz404

Georgia Tech Fan
Messages
4
Biden has announced about a million executive orders and some have gone forward though he has no legal authority to do them. We’ll see if this sticks
 

Northeast Stinger

Helluva Engineer
Messages
10,755
Biden has announced about a million executive orders and some have gone forward though he has no legal authority to do them. We’ll see if this sticks
Well, to be fair, Trump announced about a million and one executive orders but he was smart enough to stack the Supreme Court first.

So the question is how does this get decided when there currently is no legal watchdog. As Nixon famously said, “If the President does it, it is legal,” but there were institutional traditions in place that pushed back on him. With the NCAA out of the game now, and no legal precedent for NIL in college sports, who ultimately decides all of this. I think what Kemp did is on shaky legal ground but who has the authority to push back?
 

CEB

Helluva Engineer
Messages
2,588
This isn't a law. This is Kemp signing a paper and saying this is how he wants it to be. The is no such law, and no legal authority for him to do this.
You’re right and you’re hung up on the wrong part. Many governors / governments in other states have passed similar legislation or exec orders or bills or whatever. They’ve all been reported loosely and a littl differently. I’m just wondering if any are actually legit / enforceable.
Are they all political pandering or do some of these states actually have enforceable laws / statues / orders?
 

Gold1

Helluva Engineer
Messages
3,361
Theoretically this should make us richer than about anyone. Question is, will GT use the resources we have. Praying that we do
 

roadkill

Helluva Engineer
Messages
1,821
You’re right and you’re hung up on the wrong part. Many governors / governments in other states have passed similar legislation or exec orders or bills or whatever. They’ve all been reported loosely and a littl differently. I’m just wondering if any are actually legit / enforceable.
Are they all political pandering or do some of these states actually have enforceable laws / statues / orders?
Who knows? Various states have different statutes that could affect executive orders in different ways. Presidents and Governors have broad powers to enact such things, but courts have ruled that executive orders must be supported by existing law, otherwise they can be contested. David McKenzie thinks that Kemp's order does not have such an enabling statute in Georgia. I'm not qualified to say if he is correct or not.

Truth is, if no one complains, the order may as well be law.
 

SOWEGA Jacket

Helluva Engineer
Messages
2,074
Theoretically this should make us richer than about anyone. Question is, will GT use the resources we have. Praying that we do
Come on now. Anyone who has ever followed GT knows the answer to this. I get that we are all in love with JBatt and Cabrera right now, for freeing our football and basketball programs from horrible coaches, and yes, they have opened some resources. But GT has some serious forces working against athletics and those forces will still be here when JBatt and Cabrera are long gone.
 

CEB

Helluva Engineer
Messages
2,588
AJC article on the NIL executive order.

This quote is interesting…

“Other states have taken similar actions in recent weeks and months. Such executive orders at the state level effectively provide insulation from the NCAA or conference enforcement for violating bylaws regarding the compensation of college athletes.”

So maybe the intent of this is not so much about making a law (or even a change) as much as it is to block the NCAA from intervening? I don’t remember the particulars but Tennessee fought off the NCAA over NIL stuff last year (maybe 2 years). Other states are doing similar things and this makes it sound like a concerted effort toward the proverbial last nail in the NCAA’s coffin….
 
Top