This archive report was first published on 21 June 2021.
On June 21, 2021, the Supreme Court issued a landmark decision in the N.C.A.A. case, ruling in favor of allowing payments to student-athletes.
Justice Neil M. Gorsuch, writing for the court, took a measured approach, stating that his task was to assess a limited injunction entered by a trial judge. The injunction allowed payments for education-related benefits such as musical instruments, scientific equipment, postgraduate scholarships, tutoring, study abroad, and academic awards, but did not permit the outright payment of salaries.
Justice Gorsuch noted that some may see the decision as a poor substitute for fuller relief, while others may view it as a step in the right direction, allowing student-athletes to receive a measure of compensation more consistent with the value they bring to their schools.
Justice Kavanaugh's concurring opinion was bolder, stating that the N.C.A.A.'s business model would be flatly illegal in almost any other industry in America. He argued that the N.C.A.A.'s practice of not paying student athletes is akin to price-fixing labor, which is a textbook antitrust problem.
