As the results of the 2024 election take root, the NCAA may now have a chance to reverse the uncertain trajectory of college sports. With the Republican Party taking control of both houses of Congress and the White House, the NCAA now has a federal government — and legislative possibilities — that better reflect its interests.

Beset by stifling litigation, shifting public opinion and the financial impact of surging commercialization of student-athlete NIL rights, the NCAA has, in recent years, sought relief through federal legislation, specifically around two key objectives: one, an exemption from antitrust claims challenging NCAA rules; and two, nationwide prohibition on classifying student athletes as wage-eligible employees.

While past legislative proposals around these objectives have failed, will a Republican-controlled federal government revive the opportunity to “Make College Sports Great Again?”

The potential significance to the NCAA of a Republican-led federal government is indisputable, given the historical and current context.

Antitrust lawsuits

For over a decade, the NCAA has faced relentless antitrust litigation challenging its amateurism-based restrictions on student-athlete educational benefits and commercial opportunities. Following the U.S. Supreme Court decision, NCAA v. Alston, in 2021, the NCAA began allowing student athletes to earn money on their NIL rights. However, litigation continued, with student athletes (and even state attorneys general on their behalf) pursuing antitrust claims against any NCAA rule perceived as limiting NIL opportunities (e.g., eligibility restrictions).

Unable to enforce NIL rules due to constant antitrust........

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