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Advisory Opinions

NCAA Meet the Supreme Court

Advisory Opinions

The Dispatch

News, Government, Politics

4.74K Ratings

🗓️ 17 December 2020

⏱️ 74 minutes

🧾️ Download transcript

Summary

The Supreme Court agreed on Wednesday to hear a case concerning whether the NCAA’s eligibility rules for student compensation violate federal antitrust law. Should the NCAA have the right to create a universal regime of amateur athletics? Is this dispute more of a legislative problem? Or is it an antitrust problem that should be resolved by the courts? In their penultimate podcast before Christmas break, David and Sarah discuss whether private employers can mandate COVID-19 vaccines, some hypothetical legal scenarios related to double jeopardy, and the culture wars surrounding Vanderbilt kicker Sarah Fuller. They also respond to a 3L listener’s email about Supreme Court original jurisdiction. Show Notes: -NCAA’s cert petition to Supreme Court, 9th Circuit ruling for NCAA antitrust case, and Supreme Court reversal statistics. -“The College Athletes Who Are Allowed to Make Big Bucks: Cheerleaders” by Tess DeMeyer in the New York Times. -NCAA v. Board of Regents. -Trans World Airlines Inc. v. Hardison -“Can Private Employers Mandate COVID Vaccines?” by Josh Blackman in Reason. -End of Discussion: How the Left's Outrage Industry Shuts Down Debate, Manipulates Voters, and Makes America Less Free (and Fun) by Guy Benson and Mary Katharine Ham. -Miracle on 34th Street. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to a barely election related edition of the advisory opinions podcast.

0:28.0

We're almost there.

0:32.0

We're almost past the election legal analysis.

0:34.0

In fact, it's just going to be a whisper, a hint of it in this podcast.

0:40.0

Instead, we're going to deal with, I would say at this point far more interesting things because we've talked the election to death.

0:46.0

We're going to talk about the NCAA.

0:48.0

The Supreme Court took an antitrust case against the NCAA that could have some real ramifications.

0:54.0

We're going to talk college sports both on the front end and the back end because we're going to talk about Vanderbilt's use of the first female football player in a power five conference.

1:06.0

And that's going to launch into a discussion of outrage culture that you're not going to want to miss.

1:14.0

Between NCAA and NCAA, we're going to have also a discussion of vaccines, a discussion of vote fraud, vote suppression, and an interesting hypo regarding double jeopardy.

1:30.0

But before we get to that, Sarah, did I introduce this podcast already or did I say this is the advisory opinions podcast?

1:38.0

In case you're clicking on you thought you're clicking on Joe Rogan and you heard my voice, this is the advisory opinions podcast with David Franchins, Sarah Isker.

1:46.0

Good. Well, now you've done it.

1:48.0

Now I've done it. Okay.

1:50.0

But before I get to that, we need to clean up a correction.

1:52.0

So at the end of the last podcast, I erroneously asserted that if you're raising an election objection at the congressional counting of the electors on January 6th,

2:06.0

that the that the objecting senator and the objecting congressman and you need at least one objection from Senate and one objection from the House need to be from the same state.

2:18.0

We pulled a time out.

2:20.0

We talked about it. We looked at it and we said, wait a minute.

2:23.0

It doesn't seem to be the case in one sentence, but then the next sentence seems to make it a little bit more ambiguous.

...

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