Everyone knows Justice Brett Kavanaugh loves sports. After Monday’s unanimous decision on compensation for student athletes, it’s clear he does not feel the same for the NCAA.
“Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate,” Kavanaugh wrote in a concurring opinion in Monday’s case NCAA v. Alston. “And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law.”
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