And the NCAA will lose at the Supreme Court yet again if they try to cap NCAA. Congress isn’t going to pass any cap on NIL. Why? What politician have you ever heard say “I want my constituents to make less money” - raising taxes is different from capping and/or lowering income.
The NFL and MLB both have anti-trust exemptions from the Supreme Court or from Congress that let them do some price or salary fixing.
Baseball’s exemption is from the Supreme Court and the NFL’s is from Congress. There’s precedence, and if the NCAA asks for something reasonable, they could get support.
That’s not the case the NCAA lost. The NCAA lost a case about AMATEURISM, and whether they could both pay athletes nothing and prevent athletes from taking outside income.
The NCAA was doing both of those without any Congressional or Supreme Court support. They’d been warned that they had a really weak case.
Schools could pay wages to the athletes and prohibit or limit secondary income. Most job contracts do something similar.
As unpopular as the NCAA is, the member schools are popular, and the bidding war for athletes isn’t. If Senators from South Carolina and Missouri don’t think their teams can keep up with Alabama, why wouldn’t they want to level the playing field?
MLB’s exemption resulted from a 1922 Supreme Court ruling that stated that the business of baseball did not constitute “interstate commerce."
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