There have been a string of antitrust suits, starting in 2009, that built toward a unanimous Supreme Court ruling against the NCAA last week. And there have been state legislative changes on athletes’ behalf that began in California in 2019, and spread to a Florida law that established July 1, 2021 as an effective date other states have been racing to match.
Meanwhile, federal lawmakers began taking interest in the issue, introducing several bills that expired as the 2020 Congressional session wound down and Democrats regained control of the Senate.
In 2021, while the NCAA remained on hold, the number of states passing laws with a July 1 start date began rising rapidly. That prompted the association to step up efforts to seek federal legislation. However, five bills this year also have stalled as the NCAA has sought not only a federal legal standard on athletes’ NIL activity, but also protection from continued antitrust challenges. Democratic lawmakers have responded by demanding improvements from the schools in other benefits for athletes, such as health care and safety standards.
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