Living in the DC area, one gets used to the infamous “Friday afternoon news dump” where the White House and/or the Congress blurts out a news item near the close of business on Friday in the hopes that lots of people will have gone into “weekend mode” at the time such that the controversy associated with the news is muted somewhat. There was a news dump last Friday – – and it was different from most others because it involved sports. The President of the United States signed an Executive Order described as being of “urgent national action to save college sports.”
I agree that college sports have become much more than “messy” over the last couple of years and that the NCAA is still feckless and useless in whatever it does to try to regularize what goes on there. However, I never envisioned an Executive Order on the subject. And yet, here we are …
Here are some of the features in the Executive Order:
- Eligibility for intercollegiate athletics will be limited to 5 years. I like that provision; given all the waivers and set asides that have come into existence, some players are in their seventh and eighth year of “college sports”.
- The NIL collectives will come under Federal regulation. Let me just say that “Federal regulation” is not universally successful nor productive; so, let me wait and see what that devolves to before I like it or dismiss it.
- Reinstatement of the “one-transfer rule” without sitting out a season. I like that idea because it should limit the player being on five different teams in his “college” career.
- Grad-student transfers can be added on to a career if the player has completed a 4-year degree. The NCAA should love that loophole because it will allow them to return to their glory days of the “student-athlete”.
- Colleges are to be “required” to fund Olympic sports and women’s sports. That is clearly easier said than done, but I am not sure anyone is going to go on record in opposition to that requirement.
And the enforcement mechanism for failure to comply with this Order and/or relevant NCAA rules that are aligned with this order is an economic mechanism. According to the Executive Order, the Feds can – – and presumably will – – “review federal government grants and contracts with schools” with an eye to cutting those funding sources if schools are not in compliance with the Executive Order.
So, having had a weekend to think about all this, here are a few first reactions:
- The schools, conferences and the NCAA should be happy to have this legal instrument in place as a starting point.
- I will be surprised if more than a month goes by without a legal challenge to the Executive Order brought by advocates for the players.
- This Executive Order might stir a few Congressthings out of their hibernation state and begin a process to codify something logical into law. Yes, I recognize that I just used “Congress” and “logical” in the same sentence. Hope springs eternal …
There will be public reaction to this Executive Order having exactly nothing to do with the content of the order and/or the possible benefits that might accrue to collegiate sports. The fact is that the US is so politically divided today that the signature at the bottom of the Executive Order will frame the “debate” for too many folks:
- Option A: If President Trump thinks this is the right way for college sports to exist in the US, then it must be the single best idea ever to spring into a human cranium.
- Option B: If President Trump thinks this is the right way for college sports to exist in the US, then it must be corrupt, immoral and evil at its core and it must be expunged from human existence.
And of course, the idea of an “Option C” where the Executive Order serves as the starting point for a set of reasoned negotiations to try to make things better becomes impossible due to the volume of the cries from proponents of both Options A and B above. The Executive Order does not go into effect until August 2026; there is time for negotiation; there is time for Congress to find a way to agree on something that ought to be apolitical; there is time to ponder a new foundation for college sports in the US. I wish I were more optimistic about the potential for the use of the time between now and August to be constructive.
Finally, this observation by Malcom X seems to be a good way to close out today’s rant:
“You’re not supposed to be so blind with patriotism that you can’t face reality. Wrong is wrong, no matter who does it or who says it.”
But don’t get me wrong, I love sports………