Donald Trump expected major changes when he nominated Brett Kavanaugh to the Supreme Court.
One Democrat Party ally found out how painful that ended up being.
And Brett Kavanaugh just dropped the hammer in this bombshell Supreme Court ruling.
There is no greater ally of the Democrat Party than higher education.
But colleges and universities took it on the chin in the Supreme Court case of National Collegiate Athletic Association v. Alston.
In this case a unanimous 9-0 Supreme Court ruled that the NCAA’s ban on education expense compensation for student athletes violated anti-trust laws.
Justice Neil Gorsuch authored the opinion.
“Put simply, this suit involves admitted horizontal price fixing in a market where the defendants exercise monopoly control,” Gorsuch wrote.
“To the extent it means to propose a sort of judicially ordained immunity from the terms of the Sherman Act for its restraints of trade — that we should overlook its restrictions because they happen to fall at the intersection of higher education, sports, and money — we cannot agree,” Gorsuch added.
But it was Justice Brett Kavanaugh’s concurring opinion that drew all of the attention.
In this case the Supreme Court narrowly ruled that schools could offer education expense compensation in the form of study abroad programs and cash incentives for academic performance in the biggest blow to the NCAA’s 115 year model of amateur student athletes.
Kavanaugh’s opinion made it clear that the Court may eventually go even further and rule it’s unconstitutional for the NCAA to ban schools from paying college athletes salaries.
“Everyone agrees that the NCAA can require student athletes to be enrolled students in good standing. But the NCAA’s business model of using unpaid student athletes to generate billions of dollars in revenue for the colleges raises serious questions under the antitrust laws,” Kavanaugh argued.
Kavanaugh wrote that “the NCAA’s business model would be flatly illegal in almost any other industry in America.”
Under the NCAA’s rules, schools rake in billions of dollars in TV rights fees, ticket sales and apparel sales while banning all payments to student athletes.
College athletes are the only students in the country where it’s against the rules for them to hold a paid job.
“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 added. “The NCAA is not above the law.”
Paying college athletes is an idea that’s gained traction in recent years.
A united Supreme Court made it clear paying college athletes is also an idea whose time has come.
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