NCAA Down Big Early in Supreme Court Oral Arguments
By Kyle Koster
The U.S. Supreme Court is currently hearing arguments about the financial limits placed on NCAA athletes and if early returns are any indication, it's going to be a very bad day for the organization as Samuel Alito and Clarence Thomas, two of the more conservative justices, have already appeared dubious of the NCAA's position.
Justice Samuel Alito: pic.twitter.com/nMdK5VsDRM
— Chantel Jennings (@ChantelJennings) March 31, 2021
Justice Clarence Thomas, the voice of reason. pic.twitter.com/DqVvQL1b3S
— Timothy Burke (@bubbaprog) March 31, 2021
Thomas' comments are especially notable because he is notoriously reticent to speak during oral arguments. He has company as Justices Neil Gorsuch and Brett Kavanaugh are also tipping their feelings.
Kavanaugh is ROASTING the NCAA: It seems schools are conspiring...I'll say agreeing to competitors to pay no salaries to workers who are making schools billions of dollars on the theory that consumers want schools to pay their workers nothing....That's disturbing.
— Dan Wolken (@DanWolken) March 31, 2021
"Trick comes, for me at least...here the agreement at the center of the case is an agreement among competitors to fix the price of the labor market."
— Kelsey Trainor (@ktrain_11) March 31, 2021
- Justice Gorsuch to NCAA attorney just now in NCAA v. Alston Supreme Court arguments
On the other side of the idealogical spectrum, Justice Stephen Breyer seemed unclear about what the NCAA is even trying to argue while Justice Elana Kagan presented a more simplified read on the financial inequities at play.
Justice Breyer to the NCAA lawyer: "What is it precisely that you are complaining about?”
— Nicole Auerbach ? (@NicoleAuerbach) March 31, 2021
Justice Kagan to NCAA lawyer: "The way you talk about amateurism sounds awfully high minded. There's another way to think about what's going on here… Schools have gotten together… and use that power to fix athletic salaries… far lower than the market would set."
— Chris Vannini ?? (@ChrisVannini) March 31, 2021
The lawyers tasked with presenting the NCAA's side of things are making some dunkable assertions.
An NCAA lawyer just said this during an argument in the Supreme Court: "Our own view is if you allowed them to be paid, they will be spending even more time on their athletics and even less time on academics."
— Andrew Carter (@_andrewcarter) March 31, 2021
So all in all, this seems like a lopsided hearing early on. There are better legal scholars than myself to give the blow-by-blow and analysis. But from 30,000 feet it certainly seems that the NCAA's position is just really hard to sell when forced to give it on the record and defend it against scrutiny from the nation's top legal minds. This was entirely predictable yet is delighting so many who have waited so long for a day like this nonetheless.
There's plenty of ballgame left but this is looking like a blowout in both the court of public opinion and the physical courtroom.