Read this synopsis of Justice Kavanaugh's opinion in the Alston case which was a 9-0 decision against the NCAA.
SCOTUS seems to think they are employees.
Supreme Court Justice Brett Kavanaugh rips NCAA in antitrust ruling, says it 'is not above the law'
Justice Brett Kavanaugh's opinion tears into the NCAA, says its business model "would be flatly illegal in almost any other industry in America."www.usatoday.com
Kavanaugh's quote makes NO sense because, quite obviously, college football/college athletics is not in any way a conventional industry--and I've no idea why he or anyone would think it is. A public university, with students, is not a private business with employees. Students/student-athletes don't get fired. They're full-time students. An athletic department is not run at all like a private business. There are some parallels of course--but athletic departments spend money in ways that private companies do not. They must subsidize 15 or 20 other sports that lose money and always will, for starters. They must spend a lot of money on travel for 20 teams. There are no athletic department stockholders or investors. So I'm not sure where Kavanaugh is coming from. I'm not sure why, after decades, suddenly we've got lots of people thinking that student-athletes should be paid, when nothing fundamentally has changed. If Kavanaugh's point was so obvious and valid, then why didn't this issue come up decades ago?
We've got people now who think that football and basketball players should have it both ways. Let's give them the respectable veneer of being college students while also paying them as professional athletes and/or employees. I say that's BS. Pick one or the other. You want to turn college football recruiting into a bribery contest and pay the players like professionals, fine, then sever the football and basketball programs from the universities: Privatize them, give them a new name, and create, effectively a new pro league. And stop the charade of being college students who care about academics. They don't--because we never hear about the LUCRATIVE financial benefits they're already getting--a free college education, which over four years, with food, housing, medical, tutoring, and more--is surely worth at least $250K over four years. That ain't chump change.