My son is being recruited right now, and I keep coming back to Justice Kavanaugh's concurrence in NCAA v. Alston: 'The NCAA isn't above the law.' He wrote that the NCAA's business model would be flatly illegal in almost any other industry. Read that again as a parent. A Supreme Court justice looked at this system and said the quiet part out loud: nowhere else in America could you get away with this. The Supreme Court unanimously ruled against the NCAA in 2021, and Kavanaugh's concurrence was basically an invitation for the next lawsuit. Employment status is where that invitation leads. I'm not sending my kid into a system that a justice described as a legal anomaly without the protections every other worker takes for granted.
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