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Post-Injunction Situation - Where We Stand Now

Posted on 2/24/24 at 5:10 am
Posted by Smokeys Howl
Member since Oct 2022
1985 posts
Posted on 2/24/24 at 5:10 am
1. Yesterday was a hearing on a preliminary injunction, which UT won. The actual trial, if it ever happens at all, is years in the future.

2. If the trial DOES happen, the odds are very VERY high that UT wins (plaintiff wins 86 % of trials where they were granted a pre-trial injunction).

3. For Tennessee, where Nico is concerned, the win is already complete. Nico will play, and will play as long as he wants at Tennessee. He won't be made ineligible, that's now off the table.

4. Tennessee is now, for all intents and purposes (intensive purposes for the GUMP-educated), a hero program to all the top recruits nation-wide. That, coupled with the transfer portal and our very deep pockets, will render any after-effects of being under investigation meaningless. There will be no mass exodus of players, and UT will likely BENEFIT from this whole charade.

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.

6. 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.

7. As of yesterday, there is officially a level playing field in college football. The NCAA can no longer serve as a GUMP, OSU and UGA attack dog, ignoring their violations while going after everyone else's. Those days are over. This is a new dawn.

8. And finally, learn to say it. Nico. NEEKO. It's not hard. You'll be hearing that name a lot over the next few years.

McElroy On Nico - Is He The Answer?

Posted by ouflak
Manchester, England
Member since Jul 2021
352 posts
Posted on 2/24/24 at 5:24 am to
quote:

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.


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.

quote:

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.


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.
This post was edited on 2/24/24 at 5:32 am
Posted by Smokeys Howl
Member since Oct 2022
1985 posts
Posted on 2/24/24 at 6:18 am to
quote:

in my opinion there is nothing to negotiate here.


As far as NIL is concerned, you are correct. But they can still fulfill a useful function. As an administrative arm, as a tourney organizer, etc. The NCAA is fighting for its life now.

quote:

There's no way in hell you're going to convince any 4-5 star athlete


Of course there is. If it's the only game in town, it's the only game in town. Before a few years ago, they had no choice but to play for tuition.

If they don't enroll and play for a team, there is no NIL money.
Posted by robvols
Member since Jan 2024
189 posts
Posted on 2/24/24 at 7:48 am to
The BIGGEST LOSER in all this is Georgia. They launch this investigation under the disguise of the NCAA just to take Nico out. Instead they got exposed, as well as Bama and OSU.

Now the NCAA is on life-support all thanks to the ulterior motives of one school.

Great job Puppies!
Posted by jonnyanony
Member since Nov 2020
9998 posts
Posted on 2/24/24 at 7:55 am to
quote:

If it's the only game in town


It's not. As of right now the NCAA isn't enforcing any NIL rules for any team.

The idea of an alternative that leads to less money will have to offer serious benefits.

We're a few steps away from paying players directly.
This post was edited on 2/24/24 at 7:56 am
Posted by Smokeys Howl
Member since Oct 2022
1985 posts
Posted on 2/24/24 at 8:20 am to
You've been wrong about everything so far, so not even reading your post.

You even thought Spyre was a single guy.

You're excused.

This post was edited on 2/24/24 at 8:20 am
Posted by Tuscaloosa
11x Award Winning SECRant user
Member since Dec 2011
46657 posts
Posted on 2/24/24 at 8:57 am to
quote:

You've been wrong about everything so far


Lmaaooooooo

Posted by JamesVinson
Austin
Member since Feb 2024
620 posts
Posted on 2/24/24 at 8:59 am to
Posted by jonnyanony
Member since Nov 2020
9998 posts
Posted on 2/24/24 at 9:06 am to
quote:

You even thought Spyre was a single guy.


No I didn't but you're too stupid to read what people write so
Posted by bigDgator
Dallas, TX
Member since Oct 2008
41545 posts
Posted on 2/24/24 at 9:17 am to
The way the legal system works right now can be fairly ridiculous. Just the fact that we are arguing over the most insane shite doesn't bode well for the future of college athletics in my opinion. It is just minor league sports now, and that doesn't interest me. The passion will slowly die as one generation replaces another and pretty soon, soccer will be the #1 sport in America, followed by cricket and badminton.
Posted by ouflak
Manchester, England
Member since Jul 2021
352 posts
Posted on 2/24/24 at 9:48 am to
quote:

Of course there is. If it's the only game in town, it's the only game in town. Before a few years ago, they had no choice but to play for tuition.

If they don't enroll and play for a team, there is no NIL money.


What you're suggesting has already been illegal for about a century. You cannot force a public employee to join a union. Period. If someone wants to attend a public institution, they cannot be forced to join a union in order to participate in any activity on that the school sponsors. On top of that, those student-athletes/employees can't even be forced to pay dues or honor a union contract if they are not members. That's a recent Supreme Court ruling.

I don't know what reasoning you are applying getting around very long extant federal law and recent Supreme Court rulings. But I'm interested in hearing it.
This post was edited on 2/24/24 at 9:54 am
Posted by SuperOcean
Member since Jun 2022
3276 posts
Posted on 2/24/24 at 9:56 am to
So there is no more NCAA at this point

Is that a good thing or bad thing? There must have been a reason that schools voluntarily joined. I feel like there must be some history that we are forgetting..and about to repeat
This post was edited on 2/24/24 at 9:57 am
Posted by Smokeys Howl
Member since Oct 2022
1985 posts
Posted on 2/24/24 at 1:48 pm to
quote:

What you're suggesting has already been illegal for about a century.


What are you babbling about. Until three years ago, players could go to college and play for tuition or they could fk off and go straight to Brushy Mountain.

It was the only game in town.
This post was edited on 2/24/24 at 1:49 pm
Posted by Loganville Vols
Loganville Georgia
Member since Feb 2021
865 posts
Posted on 2/24/24 at 4:38 pm to
Schools have been paying players. Just in the Ten of Thousands of dollars. Under the table for years. Now it’s going to be out in the open. The price 100’s Thousands to Millions.
Posted by Carefree Highway
Member since Feb 2024
52 posts
Posted on 2/24/24 at 4:49 pm to
Excellent summation.

quote:

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.
No, Jere Morehead does not want the trail leading back to Bowl Cut and himself.

Morehead is backdoor begging the NCAA to drop this whole matter.
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