Mixed 9th Circuit Ruling Upholds NCAA Antitrust Ruling, Vacates Athlete Payment Proposal
While the panel was in agreement with the first part of Judge Wilken’s ruling, Chief Judge Sidney R. Thomas disagreed with the other two judges on the merits of Wilken’s acceptance of the deferred-compensation option. Defending the majority opinion of vacating this portion of Wilken’s ruling, Judge Bybee wrote “The difference between offering student-athletes education-related compensation and offering them cash sums untethered to educational expenses is not minor; it is a quantum leap,” Bybee added, “Once that line is crossed, we see no basis for returning to a rule of amateurism and no defined stopping point.”