President Donald Trump yesterday signed a second executive order aimed at regulating college sports. It lays out specific transfer and eligibility rules, limits how athletes can be compensated for their name, image and likeness, and threatens schools that violate rules with financial penalties. The EO comes less than a month after the President attended a roundtable of college sports and business leaders convened by the White House collegiate sports-related issue and potential federal legislation.
Yesterday’s executive order is flat-out unconstitutional. It directs the NCAA to create rules that mandate college athletes can play for “no more than a five-year period” and allows them to transfer schools only once before they graduate without having to sit out a season. A school that plays an athlete who doesn’t meet these new limits could risk losing its federal funding. The NCAA is also commanded to update its rules to create a national registry for player agents while establishing policies that prevent schools from cutting scholarships or other opportunities for women’s and Olympic sports in order to pay their athletes.
The rule changes are scheduled to go into effect August 1. Fat chance.
The EO will be challenged in court and can’t possible survive constitutional scrutiny. The theory is that Trump, who has always been a big sports fan, is trying to spur legislative action or push (bully?) the NCAA into making changes he thinks are prudent. But this is none of his business, or any President’s. It is also an abuse of the Executive Order. Is he just trolling? Trying to kill Trump Deranged Americans by making their heads explode?
The “No Kings” nonsense is spectacularly silly, but Trump deciding to act like a king by sending out toothless and illegal edicts is no way to respond to it. The President should use his power, influence, position and “bully pulpit” on matters of state, not matters that reside firmly and undeniably within the discretion of private bodies and organizations, like the NCAA.
The EO on college sports isn’t just obnoxious, stupid, illegal and politically obtuse, but obviously so. Even the President has to know that: he’s remarkably constitutionally obtuse, but he can’t be that ignorant, can he? And he’s surrounded by lawyers: surely all of them can’t be incompetent. Can they?
What’s next? An EO declaring that everyone should wear their underwear on the outside? A declaration that pineapple doesn’t belong on pizzaa? An order that people should stop saying, “No worries?”




