State Attorneys General Warn Congress: Don't Empower the NCAA Cartel

Strategic Insights -

A bipartisan coalition of state attorneys general, led by Tennessee Attorney General Jonathan Skrmetti, has issued a strongly worded letter to Congress, urging them to reject the federal SCORE Act. The Act would expand the NCAA's authority over college athletics while shielding it from legal accountability, undermining the progress made by student-athletes and states in challenging the NCAA's monopolistic practices. The attorneys general emphasize that the NCAA has already had its day in court and lost, and that the Supreme Court has made it clear that "the NCAA is not above the law."

Key Takeaways:

  • The SCORE Act would grant the NCAA sweeping antitrust immunity, preempting state law, and federalizing NCAA hegemony over college sports, blocking future legal challenges and overriding state legislative reforms.
  • The Act would eliminate critical oversight by preempting state laws, weakening protections states have won for athletes in court, and shielding the NCAA from future lawsuits.
  • The NCAA has consistently abused its monopolistic control, imposing harsh punishments for minor infractions, ignoring major infractions, and raking in billions of dollars on the backs of indentured student-athletes.
  • The Act would codify the NCAA's unchecked rulemaking authority, giving federal approval to current and future policies without any mechanism for accountability.
  • The NCAA has already had its day in court and lost, and the Supreme Court has made it clear that "the NCAA is not above the law."
  • The attorneys general warn that the SCORE Act would deal a get-out-of-jail-free card to an undeserving NCAA and urge Congress to reject it.

Statistics:

  • 82% of all NIL compensation to student-athletes comes from NIL Collectives.
  • The NCAA has spent decades using its monopolistic power to impose harsh punishments for minor infractions, ignore major infractions, and rake in billions and billions of dollars on the backs of indentured student-athletes.
  • Lower federal courts have repeatedly struck down NCAA restrictions on scholarships, education-related benefits, and NIL rights, including in the 2021 NCAA v. Alston decision.
  • The Supreme Court has explicitly rejected the NCAA's claim to special immunity, making clear that "the NCAA is not above the law."

Sources:

  • Letter from Tennessee Attorney General Jonathan Skrmetti to congressional leaders, July 22, 2025.
  • Supreme Court opinion in NCAA v. Alston, 594 U.S. 69 (2021).
  • Lower federal court decisions, including O'Bannon v. Nat'l Collegiate Athlet. Ass'n, 802 F.3d 1049 (9th Cir. 2015) and Tennessee v. Nat'l Collegiate Athlet. Ass'n, 718 F.Supp.3d 756 (E.D. Tenn., 2024).
  • Original text: https://www.tn.gov/attorneygeneral/news/2025/7/23/pr25-39.html.