President Trump's forthcoming executive order on sports

Retired711

Heisman
Nov 20, 2001
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The story summarizes an executive order that President Trump is (the story says) about to issue regarding intercollegiate athletics.

I think there are a lot of legal problems with this:

* Can the federal government take away federal funding on the basis of what schools do about intercollegiate athletics except when (as with Title IX) there is a federal statute regulating what schools do with their programs?

*Can the federal government require that schools engage in conduct that violates the antitrust laws (such as limits on transfers) as a condition of federal funding? The President doesn't have the power to override those laws.

This doesn't seem like a legally feasible approach.https://sports.yahoo.com/mens-colle...ing-to-regulate-college-sports-165338120.html
 

LotusAggressor_rivals

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Oct 11, 2003
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The story summarizes an executive order that President Trump is (the story says) about to issue regarding intercollegiate athletics.

I think there are a lot of legal problems with this:

* Can the federal government take away federal funding on the basis of what schools do about intercollegiate athletics except when (as with Title IX) there is a federal statute regulating what schools do with their programs?

*Can the federal government require that schools engage in conduct that violates the antitrust laws (such as limits on transfers) as a condition of federal funding? The President doesn't have the power to override those laws.

This doesn't seem like a legally feasible approach.https://sports.yahoo.com/mens-colle...ing-to-regulate-college-sports-165338120.html
Of course it's not legally feasible. That doesn't matter anymore.
 

Knight Shift

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May 19, 2011
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Of course it's not legally feasible. That doesn't matter anymore.
This is what happens when one administration pushes the limits of what the Executive branch can "get away with." The previous administration got away with things that were not legally feasible, and the next administration looks back and says, hold my keg of beer, and let's try this and see if anyone does anything about it. Won't get into specifics so as to not turn this into a fight.
 

Retired711

Heisman
Nov 20, 2001
19,971
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I'll stay away from the political talk above. Here's the key thing IMHO: the article indicates that the President knows that what's in Executive Order is legally questionable. Nothing in this order is likely to take effect. So this is (to use a word that was used about that silly class action law suit aimed at Rutgers football) performative and nothing else. Perhaps the President thinks it is politically wise to look like he's doing something about this problem when in fact he lacks the legal authority to do what he is trying to do. Or perhaps he is just expressing his opinion just as he was when he said the Washington Commanders and Cleveland Guardians should go back to their original names. I don't know. All I can tell you is that it is highly unlikely the order will change anything that is going on.
 

Knight Shift

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May 19, 2011
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I'll stay away from the political talk above. Here's the key thing IMHO: the article indicates that the President knows that what's in Executive Order is legally questionable. Nothing in this order is likely to take effect. So this is (to use a word that was used about that silly class action law suit aimed at Rutgers football) performative and nothing else. Perhaps the President thinks it is politically wise to look like he's doing something about this problem when in fact he lacks the legal authority to do what he is trying to do. Or perhaps he is just expressing his opinion just as he was when he said the Washington Commanders and Cleveland Guardians should go back to their original names. I don't know. All I can tell you is that it is highly unlikely the order will change anything that is going on.
This Intellectual Property Attorney on X agrees. Always trust the Intellectual Property attorney's view. 😂 ;)

 

NickRU714

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Aug 18, 2009
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This doesn't make sense.
Is the assertion that the NCAA current rules are not as strict as legally permissible?
They keep losing court cases and the rules are already being rolled back to meet the maximum extent permitted by law.

The order, the key parts of which are effective Aug. 1, directs the NCAA to update its rules by Aug. 1 — to the maximum extent permitted by law — to “bring order and stability to the landscape in certain key areas,” a source who has reviewed the document told Yahoo Sports. Most notably, one of those areas is transferring.
 
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RUbacker

Heisman
Dec 5, 2014
15,925
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The story summarizes an executive order that President Trump is (the story says) about to issue regarding intercollegiate athletics.

I think there are a lot of legal problems with this:

* Can the federal government take away federal funding on the basis of what schools do about intercollegiate athletics except when (as with Title IX) there is a federal statute regulating what schools do with their programs?

*Can the federal government require that schools engage in conduct that violates the antitrust laws (such as limits on transfers) as a condition of federal funding? The President doesn't have the power to override those laws.

This doesn't seem like a legally feasible approach.https://sports.yahoo.com/mens-colle...ing-to-regulate-college-sports-165338120.html
thank god someone is stepping in to do something it just can’t go on the way it is. i applaud the effort.
 

NickRU714

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Aug 18, 2009
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"Make your rules as strict as legally permissible"

"The courts already said we crossed the legally permissible line. We legally can't bring more structure."

This like saying "You must drive as fast as legally permissible. I want you to drive 90mph."
Legally permissible is way back there already.
 

Knight Shift

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May 19, 2011
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Deleted political content
You are usually more measured than this.
In today's partisan times, I find it useful to look past who is making a particular proposal and study the details of the proposal. I dislike the extreme ends of both parties. As an example, I am no fan of AOC, but she recently made a proposal about reigning in the unabated online gambling. I totally agreed with her proposal. Flipping over to this, I think Pres. Trump's proposal has merit, regardless of whether he has the legal authority to enforce the proposal. But as one poster above said, maybe this will spur Congress to take some much needed action.

If we don't begin to try to objectively view reasonable proposals and shut our minds just because one side or someone we dislike made the proposal, little progress will be made in the country. As an example some of what has been done with respect to ultra processed foods has been very positive. But I see a lot of partisan sniping just because a certain person made the proposal who made other proposals they vehemently opposed. This line of thinking makes little sense to me.

Have a pleasant evening.
 
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RUbacker

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Dec 5, 2014
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You are usually more measured than this.
In today's partisan times, I find it useful to look past who is making a particular proposal and study the details of the proposal. I dislike the extreme ends of both parties. As an example, I am no fan of AOC, but she recently made a proposal about reigning in the unabated online gambling. I totally agreed with her proposal. Flipping over to this, I think Pres. Trump's proposal has merit, regardless of whether he has the legal authority to enforce the proposal. But as one poster above said, maybe this will spur Congress to take some much needed action.

If we don't begin to try to objectively view reasonable proposals and shut our minds just because one side or someone we dislike made the proposal, little progress will be made in the country. As an example some of what has been done with respect to ultra processed foods has been very positive. But I see a lot of partisan sniping just because a certain person made the proposal who made other proposals they vehemently opposed. This line of thinking makes little sense to me.

Have a pleasant evening.
good post brother
 

Knight Shift

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good post brother
There is a poster on ignore who will no doubt put me in the bootlicker bucket and tell me I am being phony. IDGAS. As I have said before, I have some major issues with both parties on specific positions, and the song Stuck in the Middle by Stealer's Wheel rings in my head daily. I parse through positions and proposals and see what makes most sense to support or not support. But in either case, I'm not going to any rallies or sending checks to either side. I have hope that the partisan times will eventually subside.

Two verses from a fantastic song by Little Steven (now Little Stevie Van Zandt) ring true:

I am a patriot, and I love my country
Because my country is all I know
I want to be with my family, the people who understand me
I've got nowhere else to go

And I ain't no communist
And I ain't no capitalist
And I ain't no socialist
And I ain't no imperialist
And I ain't no democrat
And I ain't no republican
I only know one party
And it is freedom
---

Hope everyone has a peaceful holiday with family and friends.
 

RUAldo

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What would be really interesting is if the Supreme Leader simply said NIL is done, no payments outside of scholarships, one transfer - pretty much back to the old world. Hypothetically and Take lawsuits out of the equation, what would all these athletes do about it = NOTHING! They gonna form their own league? Refuse to play in college? Without universities these athletes have no platform. Nada. Would love to see the athlete Armageddon that ensues.
 

bac2therac

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the government has bigger issues-90% of tge population give 2 real sh@TS about college sports outside of gambling.
let’s worry more about $4 gas and 30k a year healthcare
Ridiculous post...its an issue that was on his plate. He gathered a group of interested parties for guidance. There are congressmen coming up with proposals. Congress has to take action.

Its not about Trump. Its about fixing the issue. This EO wont stand but its a step foward in moving forward
 
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MrsScrew

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RUAldo

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Seems that the conferences are supporting the presidents EO. Quotes from BIG, ACC, SEC & Big12 commissioners included in the article.

Even the P4 know they are F’d at the current rate of change. Other than a few elite football programs, everyone is losing money and the transfer portal holds them all hostage. If college football was the real world most of these programs would have been shutdown as failed businesses or filed for bankruptcy. At this point, make them all operate like a real pro team or sports business. Only they can’t because ticket prices would skyrocket, attendance would plummet, and corporate sponsors would laugh because they actually want ROI unlike sucker donors.
 
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BillyC80

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Oct 23, 2006
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The problem is not NIL, it’s the fact that we went from NIL to all out pay-for-play in a heartbeat.

The time for regulation would have been at the onset of NIL. Do we even discuss Name, Image, and Likeness anymore?

Actual NIL seems to have vanished into thin air.
 
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RUAldo

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The problem is not NIL, it’s the fact that we went from NIL to all out pay-for-play in a heartbeat.

The time for regulation would have been at the onset of NIL. Do we even discuss Name, Image, and Likeness anymore?

Actual NIL seems to have vanished into thin air.
Good point - and corporations are not going to fund pay-for-play because executives have businesses to run and fiduciary duties. So that means sucker donors are getting all the fundraising calls because J&J will never be able to get their Board to approve payments to random RU athletes in exchange for nothing.
 
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NickRU714

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Good point - and corporations are not going to fund pay-for-play because executives have businesses to run and fiduciary duties. So that means sucker donors are getting all the fundraising calls because J&J will never be able to get their Board to approve payments to random RU athletes in exchange for nothing.

When is it on the "suckers" to say no?
The only reason this is a peoblem is because college fans allow it to be.
They want to play pretend owner.

You dont see the Giants putting out reports "We want to fire Daboll but don't have the money for his buyout. Fans will have to donate and cover the amount."
"Chiefs can only offer Mahomes $15m/yesr under the salary cap. Fans will need to donate and get him an additonal $10m/year."

The salary cap is now set at approx $20m per school.
Fans just don't want to abide by that.
They want to play pretend owner and pay to exceed it.
 
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bac2therac

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Folks, I've cleaned up the thread as I do believe this is a relevant conversation to have. Please stop with the partisan bickering, I'd rather not lock the thread or send it to die on the CE Board.
Thanks..this issue is a core issue of college sports and we need to discuss it here
 
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MADHAT1

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Ridiculous post...its an issue that was on his plate. He gathered a group of interested parties for guidance. There are congressmen coming up with proposals. Congress has to take action.

Its not about Trump. Its about fixing the issue. This EO wont stand but its a step foward in moving forward
the order was for show, Congress must do the work and make what they do court approved.
I will give Trump credit for putting the issue in motion and his EO was a good way to force the issue.
The August date gives the NCAA time to come up with a plan Congress can approve and gives Congress a time limit to get their *** in gear to be working with the NCAA instead of looking to pass the buck and claim it's the NCAA's problem to solve.
In my opinion, Trump's EO is far better than just letting the issue be talked about without anything being done about it.
 
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RUAldo

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When is it on the "suckers" to say no?
The only reason this is a peoblem is because college fans allow it to be.
They want to play pretend owner.

You dont see the Giants putting out reports "We want to fire Daboll but don't have the money for his buyout. Fans will have to donate and cover the amount."
"Chiefs can only offer Mahomes $15m/yesr under the salary cap. Fans will need to donate and get him an additonal $10m/year."

The salary cap is now set at approx $20m per school.
Fans just don't want to abide by that.
They want to play pretend owner and pay to exceed it.
Agree - the suckers are making this whole debacle worse. Would love to see the IRS make donations to players non-deductible.
 
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Rutgers Chris

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I look forward to what’s likely to be one of the most watched final fours ever adding to the faux crisis in college athletics.
 

AdventureHasAName

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The problem is not NIL, it’s the fact that we went from NIL to all out pay-for-play in a heartbeat.
Except everyone with a heartbeat knew this was exactly what was going to happen before the Supreme Court (in its infinite wisdom) wrecked the previous system. So ... NIL was the problem.
 

NickRU714

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Except everyone with a heartbeat knew this was exactly what was going to happen before the Supreme Court (in its infinite wisdom) wrecked the previous system. So ... NIL was the problem.

The precious system where schools with more money paid to get players.
Where the schools with the most money had an advantage over other schools.
That system sounds familiar.

So NIL wasn't the problem.......

Its fans and "boosters" wanting to play pretend owner.
 

AdventureHasAName

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The precious system where schools with more money paid to get players.
Where the schools with the most money had an advantage over other schools.
That system sounds familiar.

So NIL wasn't the problem.......

Its fans and "boosters" wanting to play pretend owner.

Hey, if you want to pretend what we currently have is better than what it replaced ...that's on you.