NCAA v. Alston: Justice Kavanaugh wrote “The NCAA is not above the law”

Justice Gorsuch, Opinion of the Court

Before conjuring hypothetical concerns in this Court, we believe it best for the NCAA to present any practically important question it has in district court first.

Justice Gorsuch, Opinion of the Court

Accordingly, we do not pass on the rules that remain in place or the district court's judgment upholding them. Our review is confined to those restrictions now enjoined.

Justice Gorsuch, Opinion of the Court

In essence, it seeks immunity from the normal operation of the antitrust laws and argues, in any event, that the district court should have approved all of its existing restraints.

Justice Kavanaugh, Concurring opinion

But the labels cannot disguise the reality: The NCAA’s business model would be flatly illegal in almost any other industry in America.

Justice Kavanaugh, Concurring opinion

The NCAA is not above the law.

Jeffrey Kessler, Lead attorney for the plaintiffs

Hopefully it will be the major next step on the road to a true fair competitive system for these athletes.

Jeffrey Kessler, Lead attorney for the plaintiffs

It’s tremendous to win this 9-0,

Mark Emmert, NCAA president

Additionally, we remain committed to working with Congress to chart a path forward, which is a point the Supreme Court expressly stated in its ruling.

Mark Emmert, NCAA president

Even though the decision does not directly address name, image and likeness, the NCAA remains committed to supporting NIL benefits for student-athletes,

Greg Sankey, SEC commissioner

What is also clear is the need for the continuing evaluation of the collegiate model consistent with the Court’s decision and message.

Jason Montgomery, Attorney, Husch Blackwell

Generally speaking, I don't think this changes anything for the NCAA, ... The Supreme Court wanted to limit its decision. ... That all being said, it's also clear it's not going to limit [the ability] for plaintiffs in antitrust cases in the future.