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Saturday: What Will Texas Do Given New NIL Ruling?

In the immediate aftermath of the NCAA ruling on the legality of utilizing NIL as a means of inducement and recruiting yesterday afternoon, I reached out to a couple of folks within the Texas NIL Infrastructure.

There are two prevailing thoughts:

First and foremost, Texas is going to speak with its own NCAA compliance officials and receive some guidance. This ruling is ultra-new. So while it would be easy to just say the old rules don't matter anymore, Texas is going to make sure of the nuances of the ruling, what they mean, and what proper next steps are.

There will be lawyers involved in that discussion.

Second, it will absolutely change how "some" of the recruiting process works. But not the core of it, at least not at Texas.

Texas coaches will still be the ones offering scholarships, still be the ones recruiting the players, etc.

However, In light of the pervasiveness of the ruling, other programs may choose an entirely different tack.

The leader of the Tennessee collective is apparently saying that he plans to send financial offers out to players beginning next week.

So where does this leave us?

College football seems to be headed ever closer to a true open market. If so, Texas with all its resources, revenue and fan support will be just fine.

 

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TTown

Supporters
28 minutes ago, GoHorns1 said:

It’s just a matter of time before a Texas High School athlete sues the State of Texas for blocking NIL and wins.

I was thinking the same and as a retired coach and  still member of the THSCA they are wrong  to keep fighting this imo. May have to wait until next legislative session, but I can see a kid challenging this  now even more. I am definitely not a lawyer, but with other states allowing this just seems unfair. I don't see our state wanting to be at a disadvantage, figured we would have amended that law last session. But agreed it is coming.

David Latiolais

Supporters

Does this mean that state law will take precedence? Or can Texas offer high school kids an nil deal no matter what state they live in? 

David Latiolais

Supporters

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?

David Latiolais

Supporters

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.

harveycmd

Members
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

Supporters
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

Supporters
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!

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

Members
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

Supporters

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

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