(03-01-2024 10:00 PM)JRsec Wrote: Welcome to the Doldrums of Realignment 2024.
In the days of sailing ships the doldrums were periods in which there were no Easterly or Westerly winds, in fact no wind at all. The only way for a sailing ship to try to reach its destination was to put the long boats over the side with them tied off to the bow and for crews to try to row the ship back into a breeze. It was rough, exhausting, long and drawn-out work. And, every sailor hated it.
Merrily, Merrily, Merrily, Merrily; Life is but a dream.
(03-01-2024 10:00 PM)JRsec Wrote: The Johnson case has breakaway talk on the back burner. Why? If they rule players are employees, the case will be the justification to jump into a breakaway. If not, it doesn't preclude one but makes one a bit more confusing and a bit more ambiguous and might delay it another year as the 2-year playoff details come into focus giving everyone involved a clear window in which to work some of these things out.
...
And let's say those get worked out, and that the players are going to be paid when the Johnson case affirms their status as employees, and that a breakaway occurs, what is to become of the Big 12 schools, Oregon State and Washington State, and ACC schools without a home in the SEC and Big 10? That will need to be worked out as well, along with the inclusion of some top G5 programs opting in.
The Johnson case is on interlocutory appeal before the 3rd Circuit Court of Appeals. The NCAA (and the SEC in their amicus brief) is arguing that student-athletes can never be considered to be employees because they have no expectation of compensation.
If the Johnson plaintiffs win, the case would go back to the District Court to determine which student athletes are employees (and covered by minimum wage laws). For example, high school student athletes could be considered volunteers - they will continue to be students if they no longer are a member of a team (and if they are not performing as a student, they may be excluded from volunteering).
So it may end up that the employee/non-employee line may be somewhere between DI revenue sports, and DIII.
If the 3rd Circuit Court of Appeals rules in favor of the Johnson plaintiffs, it will likely be appealed to the full panel, and then the SCOTUS, since there are contradictory decisions from other circuits. The 3rd Circuit 3-judge panel heard the case February 15, 2023 (sic), so it is possible that the ACC GOR expire before the case is finally settled.
It may be that the Carter case will be decided sooner because it has an added antitrust angle that the P5 conferences have agreed/conspired to not compensate their student-employees to protect the revenue from their multi-billion dollar sports entertainment enterprise.
Note, one of the judges on the 3rd Circuit asked whether the student-athletes are not expecting to be compensated because NCAA rules prevent them from being compensated. The lawyer for the NCAA argued that it would be problematic with respect to Title IX if revenue sports were ruled to be employment status. A judge explained that would be a problem for the schools, not the judges.