The NCAA trotted out its Gilded Age philosophy for the Supreme Court the other day, and the Supremes weren't buying it any more than any other thinking person in the land. Even Justice Thomas, whose primary role is to look grave and importantly clear his throat every so often, had something to say.
Justice Thomas wanted to know, if big-deal college football and basketball really are amateur athletics, why do their coaches get paid so much. It's a damn good observation.
Also making a damn good observation was Justice Kavanaugh, who pointed out it's some fine circular thinking for the NCAA to say its "student-athletes" shouldn't be paid employees because the consumers of their product don't want them paid. In other words, you can't say you're not a business beholden to business principles (i.e., paying your employees) if you're also admitting you have consumers.
Justice Alito called BS on the NCAA's argument, too. And Justice Coney Barrett just thought the NCAA's entire position was Weird City, which makes her merely one among millions.
Fact is, the NCAA's entire position is Weird City, not to say a farce, and it has been for a long time. The universities raking in all the jack from D-I college football and basketball want you to believe this really is the Gilded Age -- all sis-boom-bah and raccoon coats and smuggled flasks on fall afternoons, cheering lustily as Our Lads crush Their Lads with that newfangled flying wedge.
'Taint so, and everyone knows it. It's a straight-up bidness proposition now, as corporate as Microsoft or Amazon, complete with major sponsorships and TV dough and even individual schools and conferences cutting their own broadcast deals. And yet the workforce that produces all that revenue stream is still being paid in services and amenities only.
Little wonder the workforce is organizing and demanding a meeting with the NCAA's de facto CEO, Mark Emmert. Little wonder even the famously reticent Justice Thomas is asking some damn good questions these days.
And as he does, you can see the whole rotten structure teetering. You can see it tremble on its foundation with every question from the highest bench in the nation, with every basketball player who's worn #NotNCAAProperty on their uniforms during March, with Emmert agreeing to meet with some of those players, even if he planned it to be away from the NCAA Tournament spotlight.
There's a wind out there, boys and girls. And it's strengthening.
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