The NCAA has a few roadblocks to overcome in Congress if it wants passage of some sweet, sweet antitrust exemption. If the Democrats are largely sympathetic to the players’ exercise of their NIL rights, Republicans are reluctant to have the government engage itself in what should be the schools’ business.
… Sen. Rand Paul (R-Ky.) said “it’s a terrible, rotten, no good idea to federalize college sports.”
“The worst thing would be for the Congress itself to write the rules,” said Sen. Lamar Alexander (R-Tenn.), chair of the Senate Health, Education, Labor and Pensions Committee, which held the hearing. “If anybody has watched 15 or 20 senators try to agree on a press release, imagine what 535 members of Congress would be like trying to write detailed rules.”
… But the hearing, the third time in recent months Congress has taken up the issue, largely made clear how much opposition remains, particularly among some Republicans, to the idea of federal regulation.
“Be careful what you wish for,” Paul said. “The history of government regulation is not a benign one.”
… During the hearing, Alexander, who is not seeking reelection, noted that the Commerce Committee has jurisdiction over the issue but said the NCAA is best equipped to tackle it. “The alternatives are much worse,” Alexander said.
The NCAA’s problem is that it is so wrapped up in the righteousness of an unrighteous clause that it thinks it can get a major concession from Congress without offering any sort of a pot sweetener. That ain’t how politics works.
Get The Picture 
Congress really doesn’t want to do this (and, frankly, I don’t blame them). You may not like Rand Paul, but he has a really good point on this. Do you want to exchange oversight by the NCAA which the universities in theory control or for oversight from politicians who are only looking for “contributions” and faceless bureaucrats in the US Department of Education with no accountability?
NCAA, heal thyself by doing the right thing. Enact the Olympic model for all college athletes now. Reform the transfer rules to allow any student-athlete who is academically eligible and hasn’t been kicked out of the university one free transfer. Use some of the money you earn to provide for the best medical care.
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How much oversight do we see in MLB?
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There’s this thing called a collective bargaining agreement between the owners and the players that serve that purpose. Same for the NFL and its limited exemptions.
A federal law with the simplicity of the Florida law or of the California law would deal with this problem by telling the NCAA to figure it out.
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My question is:
MLB has an antitrust exemption.
What is it costing them in terms of congressional oversight or regulation?
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I just don’t see the Congress giving out antitrust exemption for nothing in return in today’s political environment.
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Since you won’t answer the MLB question:
What does Congress want in return?
What do you think they would like to take from MLB for their exemption, you know, given the political environment?
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That makes no sense. There are going to be strings attached to any NEW antitrust exemption.
Congress is either going to take away their tax status, require additional disclosure by them, limit Coach compensation, etc.
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Assuming that’s accurate, among those, what shouldn’t they give up in exchange for maintaining an antitrust exemption that allows the ncaa to maintain a universal amateurism standard?
It seems to me that the folks that have gotten exemptions have done fairly well with it. None have asked for them to be revoked so far as I’m aware.
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I have to agree that getting Congress involved in ANYTHING is the worst possible outcome.
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Interesting to hear one of the members of Congress say that though. I’ll give him the benefit of the doubt for planning to leave, but otherwise it comes off as, “Congress has 535 idiots, and I am one of them.”
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Self awareness is an admirable quality.
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A rather Faustian bargain, but the NCAA deserves whatever it gets.
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