Saturday: What Will Texas Do Given New NIL Ruling?

[harveycmd]

3 minutes ago, David Latiolais said:

Also, does this mean a school can go to another school and offer a player an nil deal even though they're not in the portal? Will you have to offer a high school kid or a portal person a contract a two-year deal worth x number of dollars? So they don't leave?

This has been going on the last two years.

[VaHorn]

1 hour ago, TTown said:

I don't know how much clearer the Judge could be. Violates anti trust and the ruling will hold. Have read numerous articles from those in the know and no one believes this won't hold.

The only caveat is if Congress steps in which again seems very unlikely anytime soon, if ever. And here we are. Imo it is dead and buried, and we should navigate that way in the T1 Fund and Athletic Dept. We all know this is headed to the Athletic Dept taking over NIL eventually. We shall see .2 more big cases are out there as well . Back pay for athletes NIL which could be 4 billion the NCAA pays, and employee question. Buckle up!

It seems pretty clear to me that this is just a ruling restricting enforcement action during the pendency of the case. No ruling on the merits has even been issued, let alone appealed.   

“It is hereby ORDERED that, effective immediately, Defendant NCAA; its servants, agents, and employees; and all persons in active conce11 or participation with the NCAA, are restrained and enjoined from enforcing the NCAA Interim NIL Policy, the NCAA Bylaws, or any other authority to the extent such authority prohibits student-athletes from negotiating compensation for NIL with any third-party entity, including but not limited to boosters or a collective of boosters, until a full and final decision on the merits in the instant action.”
 

[TTown]

1 minute ago, VaHorn said:

It seems pretty clear to me that this is just a ruling restricting enforcement action during the pendency of the case. No ruling on the merits has even been issued, let alone appealed.   

“It is hereby ORDERED that, effective immediately, Defendant NCAA; its servants, agents, and employees; and all persons in active conce11 or participation with the NCAA, are restrained and enjoined from enforcing the NCAA Interim NIL Policy, the NCAA Bylaws, or any other authority to the extent such authority prohibits student-athletes from negotiating compensation for NIL with any third-party entity, including but not limited to boosters or a collective of boosters, until a full and final decision on the merits in the instant action.”
 

I hear you but every expert I have heard believes this is a done deal. Also read it is not that easy to get that appeal as well. Honestly I haven't seen anyone say the NCAA will win an appeal. The judges statements are pretty clear on anti trust. We can disagree of course , but imo it is done.

Congress checks in, or the NCAA gets smart and works this out. Not sure they even appeal, it is a waste of $ imo. But I hear ya we shall see. And with the big Cali case almost done, they need to save every dime to survive at all imo. Have good 1!

[Bobby Burton]

3 hours ago, VaHorn said:

I agree with much of what has been posted above. I don’t see how a temporary injunction that prohibits the NCAA from enforcing its rules can be interpreted to mean that the rules have changed or no longer apply. That may well be the end result, but that is not the regulatory landscape right now. 

It’s headed that direction. Anything that restrains trade is going to get lopped. 

[LILP]

5 hours ago, tsip92 said:

Texas needs to make sure that we don’t spend too much time trying to figure out the nuances of the situation while our friends in B/CS, Oxford, Eugene, Baton Rouge, Norman… are acting.  Say what you want, but a large part of the massive recruiting success of that ‘22 Aggy class was because they were ready to go and taking an active approach while Texas was still talking to lawyers and trying to figure out how they wanted to do things.  The horse is so far out of the barn now that doing anything less than a full frontal assault is really putting yourself at a disadvantage versus the rest of the field. 

I don’t think you need to worry about Norman

[TTown]

Judge gave them the biggest hint their case is a loser period.

[Bobby Burton]

2 hours ago, Glass Joe said:

@Bobby Burton

Question on a separate but related issue…does this at all change the concept of having LH Foundation donations redirected to NIL purposes?  I believe the legislature green-lighted this in their NIL law, but we chose to refrain from using the donations in this way until some other NIL issues were settled.  Thoughts?

This would be one mechanism for Texas to really separate its NIL program from most others.

It “could” have an impact. That’s the issue. We don’t know. So the NCAA and the institutions continue in limbo until they actually do the work. 

[VaHorn]

1 hour ago, TTown said:

I hear you but every expert I have heard believes this is a done deal. Also read it is not that easy to get that appeal as well. Honestly I haven't seen anyone say the NCAA will win an appeal. The judges statements are pretty clear on anti trust. We can disagree of course , but imo it is done.

Congress checks in, or the NCAA gets smart and works this out. Not sure they even appeal, it is a waste of $ imo. But I hear ya we shall see. And with the big Cali case almost done, they need to save every dime to survive at all imo. Have good 1!

If that is the case, then all of the so-called “experts” are sports writers and not lawyers. Of course, it is possible that the NCAA may lose this court case, and the verdict may be sustained on appeal. I certainly wouldn’t bet against that. But until that happens, it’s not a “done deal.“ I suspect that is why Texas is not charging ahead to violate these rules when all that has happened is that the NCAA has been temporarily been enjoined against enforcing said rules. 
 

If you think a district court judge in the eastern district of Tennessee is going to have the final say on this matter, I’m not sure what to tell you. If I had to bet,  I would think it’s more likely that Congress will wade into this matter, regardless of how this case is finally decided, and preempt the judiciary. 

Edited February 24 by VaHorn

[TTown]

1 minute ago, VaHorn said:

If that is the case, then all of the so-called “experts” are sports writers and not lawyers. Of course, it is possible that the NCAA may lose this court case, and the verdict may be sustained on appeal. I certainly wouldn’t bet against that. But until that happens, it’s not a “done deal.“ I suspect that is why Texas is not charging ahead to violate these rules when all that has happened is that the NCAA has been temporarily been enjoined against enforcing said rules. 

Many of the people I referenced are lawyers by the way. I don't know how to explain it better and we are getting no where. It is a done deal. And you have no idea what Texas is doing or will do since this just came down.  But I suspect we will go full speed ahead this is the new Texas regime.

I mean Bobby said that is where this is headed I don't know what more you need. I suggest you read more on the issue respectfully . No sense in the back and forth. I trust the federal judge and numerous lawyers with no skin in the game. It is a done deal book it!!

[Hermanator]

1 hour ago, David Latiolais said:

Just wait until the kids decide to go on strike for more money and we lose a season of football. This will get bad in my opinion.

This isn't realistic in CFB right now. We wouldn't lose a season because there are low P5 and and entirety of G5 programs worth of dudes chomping to move up and prove themselves. There's just no leverage for the top players and there's way too many schools with way too many players to get it all coordinated. 

Add to that the 4 year eligibility nature of college football makes it entirely laundry driven and not individuals driven. If say they manage even 100 of the top 150 players in the country to go on strike the programs would just replace them through the portal and play on. It would be a stupid move for the players who not only lose out on a season of development but also could hurt themselves for the NFL draft. 

[TTown]

[TTown]

From Michael McMann Sports Lawyer and Harvard Guy. Definitely he knows where this is headed

[TTown]

[TTown]

[Nathan Larson]

At then of this. The NCAA is going to be dead and there's going to be some sort of committee or somehow by laws and self-policing to where coaching staff and schools agree on how to handle all of it and it will be more clear-cut than what the NCAA ever has.

 

So hang on and watch what's going to happen you can see it coming. Because I think most of us agreed they're recruiting signing days portal all it's going to have to be somehow changing that's going to be other than the NCAA to do this is just the beginning.

Edited February 24 by Nathan Larson

[TTown]

28 minutes ago, VaHorn said:

If that is the case, then all of the so-called “experts” are sports writers and not lawyers. Of course, it is possible that the NCAA may lose this court case, and the verdict may be sustained on appeal. I certainly wouldn’t bet against that. But until that happens, it’s not a “done deal.“ I suspect that is why Texas is not charging ahead to violate these rules when all that has happened is that the NCAA has been temporarily been enjoined against enforcing said rules. 
 

If you think a district court judge in the eastern district of Tennessee is going to have the final say on this matter, I’m not sure what to tell you. If I had to bet,  I would think it’s more likely that Congress will wade into this matter, regardless of how this case is finally decided, and preempt the judiciary. 

Federal District Court Judge. Applies to the whole country, so trying to say he is a lowly judge shows you don't get it. And of course anything is possible but the odds are between slim and none on this . As for Congress that won't happen anytime soon either. They have been lobbying for months and are no closer than when they started.But I agree that is all that can save the NCAA to a point on some of this. Election year not gonna happen.

 

NCAA can change course themselves and work with the schools is the only fast way to get something done imo. But don't expect  that either. Who knows we all have our opinions and respect yours, just way disagree on the outcome.

[John Moore]

5 hours ago, TTown said:

Judge gave them the biggest hint their case is a loser period.

[Jerry K]

Going to take parity to an even newer level than it already is. 

[VaHorn]

5 hours ago, TTown said:

Federal District Court Judge. Applies to the whole country, so trying to say he is a lowly judge shows you don't get it. And of course anything is possible but the odds are between slim and none on this . As for Congress that won't happen anytime soon either. They have been lobbying for months and are no closer than when they started.But I agree that is all that can save the NCAA to a point on some of this. Election year not gonna happen.

 

NCAA can change course themselves and work with the schools is the only fast way to get something done imo. But don't expect  that either. Who knows we all have our opinions and respect yours, just way disagree on the outcome.

None of these tweets support anything you are saying. They are speculating that the plaintiff may be successful in the litigation. If they are, then you will have a final verdict which might be appealed. Until that happens, you have nothing. Obviously, the temporary injunction applies to the entire country. But that’s all it is. A temporary injunction staying any enforcement action during the pendency of litigation. Full stop.  I think you are either overreading or not understanding what they are saying. I do agree that Bobby may be similarly misunderstanding the entire situation. 

Edited February 25 by VaHorn

[TTown]

6 minutes ago, VaHorn said:

None of these tweets support anything you are saying. They are speculating that the plaintiff may be successful in the litigation. If they are, then you will have a final verdict which might be appealed. Until that happens, you have nothing. Obviously, the temporary injunction applies to the entire country. But that’s all it is. A temporary injunction staying any enforcement action during the pendency of litigation. Full stop.  I think you are either overreading or not understanding what they are saying. I do agree that Bobby may be similarly misunderstanding the entire situation. 

Dude the only one that doesn't understand is you. Of course it can be appealed etc. Read the tea leaves . I'll take lawyers that deal with this very subject routinely, and their opinions.As well as journalists that have been involved in this forever. 

You seem hurt the NCAA is about to lose this. I'm done with the argument and you can be the only guy in America that believes the NCAA will prevail.

Yes I understand the rules. And yes I understand the Tennessee AG is gonna fight this as far as necessary if it comes to that.The Supreme Court has already spoken on this to a degree with Cavanaugh's thoughts . Why am I even trying we will never agree. Carry on and enjoy the new offers about to go out from every Collective😂

[NothinButDaHorns34]

Wow! I am sure saban had wind of this type of crap incoming and is another reason why he prolly retired. It’s a good thing Texas has some VERY deep pockets because we should be able to play the game to its fullest.

Edited February 25 by NothinButDaHorns34

[spaintex]

A challenging part will be balancing mental eval with financial offers. Aggie '22 class came apart because many committed for the wrong or unsustainable reasons. Highly paid mercenaries often turn out to be locker room cancers.

Sark & Co. push for ultra-talented and very smart student-athletes who want to play for Texas, not simply accept the highest offer. That may be harder to accomplish after this ruling, but I think in the long run it will continue to lead to more consistent and sustainable success. 

[harveycmd]

For those who think this is just some lowly judge, and it's temporary, and we don't know yet, etc., you must take into account the federal court system and the legal principal of precedent. Precedent is the key. The 2021 Supreme Court decision that opened NIL was very strongly worded. Justice Kavanaugh wrote a concurring opinion basically warning the NCAA that they had better change, and they better not come back to the federal judiciary trying to protect their monopoly (this is where the "anti-trust" stuff comes in). Thus, when the NCAA went after the Vols for the NIL payments to Nico during recruiting, all the legal experts immediately chimed in and said there is no way the NCAA can win this battle in court because the Supreme Court already told them no. This district judge from eastern Tennessee is merely following that precedent. It will stand: bet on it, mark it down, take it to the bank, however you want to describe it. It's over for the NCAA. They must accept this and try to adapt, or they will go the way of the dinosaurs. The only question of import left now is, "Should the SEC and Big 10 wait and see if the NCAA will get its act together?" Given the facts of NCAA long term and recent history, the answer to that question is no, and it's clearly time to move forward without them.

[Realist Horn]

22 hours ago, Bobby Burton said:

Texas with all its resources, revenue and fan support will be just fine.

 

 

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Will Texas be able to use more than the Texas One Fund to recruit? Does this ruling say anything about where the funds can come from? 

[harveycmd]

13 minutes ago, Realist Horn said:

Will Texas be able to use more than the Texas One Fund to recruit? Does this ruling say anything about where the funds can come from? 

No, there is nothing on that. As long as the system is "open," there will be no restrictions on where the money comes from. This is why you get all the caterwauling about "Wild West," "no guardrails." This is part of the reason why the SEC and Big 10 need to seriously consider breaking away from the NCAA and establishing their own rules. If they go to an employment model with contracts, they can begin to regulate things like agents, movement, etc.