chrisRunner7
- Spokane, WA
MSN
www.msn.com
Without saying anything positive or negative about Kavanaugh (we don't need a political debate here), the fact that the other justices didn't sign onto his concurrence doesn't mean no one else agreed with its message or substance.
He apparently felt strongly enough about the potential antitrust consequence of the NCAA forbidding colleges directly paying athletes (not the issue in the NCAA v. Alston case) that he wanted to discuss it in a concurrence. I imagine most of the justices thought this was unnecessarily wading into an issue for another day... but the justices often say stuff to "invite" someone to bring a case on a particular issue. I don't think Kavanaugh would be the only justice raking the NCAA over the coals if the NCAA shows up in front of the Supreme Court again.