Yesterday, the California Senate’s Appropriation Committee sent the “College Athlete Race and Gender Equity” revenue-sharing bill into the legislative equivalent of a black hole known as the “Suspense File.” This quirky procedure removes the bill from open debate and leaves its fate in the hands of a tiny group of Senators and staffers. This process is opaque and unpredictable. While the public cannot provide further input, special interests and lobbyists exert pressure on the decision-makers in this star chamber-like environment. This episode discusses the idiosyncrasies of the Suspense File process and tracks the limited debate that occurred in two prior policy-oriented Senate Committees (Education and Judiciary). The values-based concerns—particularly Title IX and broader gender equity—raised by Senators from both parties may result in the bill dying a lonely death in the bowels of the Suspense File. Will these concerns be a bellwether for athletes’ rights debates in United States Senate, particularly the Commerce Committee?

On May 5th, 2022, Pac-12 Commissioner George Kliavkoff and SEC Commissioner Greg Sankey took to the halls of the Senate to seek “help” from Congress in the form of protective federal legislation that would eliminate the athletes’ rights movement. When it comes to college sports regulation, Cantwell and Blackburn are two of the most influential people in the Senate. Cantwell—a Democrat— is the Chair of the Commerce Committee, which has oversight jurisdiction for college sports issues. Any protective federal legislation from the Senate will originate in Commerce. Blackburn—a Republican—is also on the Commerce Committee. Blackburn’s role is crucial to the P5. She should be a reliable and influential vote for P5 interests; however, Mark Emmert’s arrogance alienated Blackburn from the NCAA/P5 campaign in Congress in 2020 and 2021. With Emmert on the way out, the P5 wants desperately to bring Blackburn back into the fold. This episode analyzes the P5’s reengagement with the Senate and what it says about the state of leadership in college sports. Of particular importance is the P5’s use of false gender equity and “Olympic sports” narratives to persuade the women of the Commerce Committee to P5-friendly legislation.

Last Wednesday, the NCAA flushed 70 years of militant anti-gambling rhetoric and policy down the memory hole by permitting conferences and individual schools to partner with the sports betting industry. The announcement didn’t register as even a blip on the sports or mainstream media’s radar. The NCAA’s once-sacred values opposing any association with sports gambling interests vanished into thin air. Poof! This episode examines this values upheaval and what it says about college sports and higher education more broadly through the lens of sports betting, the work of the Transformation Committee, the lobbying campaigns of the NCAA and SEC, and a recent Marist public opinion poll. The post-Alston/NIL/transfer market environment has turned the NCAA’s/Power 5’s traditional value system on its head. Not far behind these unexpected milestone events are demographic trends that portend a bleak future for the NCAA’s/Power 5’s tired talking points on “amateurism” or any iteration of it. One thing is clear: the NCAA/Power 5 are in a race against momentum in the athletes’ rights movement and the mid-term election clock as they try to redefine their values on the fly. So far, the prevailing value is the almighty dollar.

Yesterday, Mark Emmert announced his resignation as NCAA president. For many, this is a long-overdue announcement. Important questions remain regarding the future of the Association and its leadership going forward. This episode analyzes the decision, its timing, Emmert’s tenure, and the qualification criteria for the next NCAA president. Note: The opening montage quotes are: 1. Senator Marsha Blackburn (R-TN) from a Senate Commerce hearing on February 11, 2020; 2. Senator Claire McCaskill (R-MO) from a Senate Commerce hearing in 2014; and, 3. Senator Blackburn from a Senate Commerce hearing on June 9th, 2021.

Resources:

Text of S.B. 1401 (“College Athlete Race and Gender Equity Act”)

Education and Judiciary Committees’ Analyses of S.B. 1401 (click links for Education/Judiciary analyses)

Video/Audio of 4/20 Hearing on S.B. 1401 (click on 4/20 for Education Committee)

Excuses, Not Reasons: 13 Myths About (Not) Paying College Athletes (Andy Schwarz)

(Mis)Belief # 3: Big-Time College Programs Lose Money (Cagerredux blog; August 28, 2019)