From the Alston arguments in front of the 9th Circuit yesterday, this is hilarious.
Judge Smith also pressed Waxman on whether he thinks proposed state and federal laws could impact the case, pointing to California’s Fair Pay to Play Act, which allows compensation for a college athlete’s name, image and likeness, or NIL. The new law was signed last year, but doesn’t go into effect until 2023.
The judge said allowing athletes to get paid millions of dollars for their NIL could “completely undercut” the NCAA’s defenses.
But the attorney replied that the NCAA thinks that those statutes are “flatly inconsistent” with its principles of amateurism and the O’Bannon precedent. Waxman added that they think that the state’s Fair Pay to Play Act is unconstitutional and violates the dormant commerce clause.
If you say so, man.