re: Post-Injunction Situation - Where We Stand Now

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5. Going forward, it's highly likely the NCAA will try to negotiate with TN and VA, so as to stop the trial from ever happening. The trial brings with it discovery, something the NCAA most certainly doesn't want. Realizing their bluff failed, they will now try to maneuver their way into keeping at least SOME semblance of authority. Their very existence is at stake.

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For fear of sounding like one of those GOR fanatics, in my opinion there is nothing to negotiate here. The 14th amendment of the U.S. Constitution - and all of its derived labor and relevant anti-trust laws are quite clear. Any fully emancipated citizen has the right to legally work and earn whatever earnings they are capable of. Fight them to the death on that point, and they will die.

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With the NIL cat now out of the bag (it was out even before yesterday), the only way forward is some kind of collective bargaining agreement. It is the only constitutional way for any entity (ncaa, sec/big10 partnership, super-league, etc) to put limits on money or transfers. At this point, it's the best option.

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The vast majority of the schools involved are public institutions. Federal law already states that no one can be forced into a labor union to work for a public institution. And to add icing on top of that legal cake, the Supreme Court has recently ruled that public employees who are not members of a union can't be forced to pay dues or made to follow a union contract according to the 1st Amendment of the U.S. Constitution. There's no way in hell you're going to convince any 4-5 star athlete, or even a veteran proven 3 star, that they should give up potentially making hundred of thousands to millions a year, instead to make some limited tens of thousands a year as a member of union. They'll never join. And you can't force them to join a union unless you find away to scrap long existing federal law an be rid of the 1st Amendment along with it.