| Title: |
The SCORE Act Is Unconstitutional: Private Nondelegation Problems with Congress’s Latest Attempt to Regulate College Sports |
| Authors: |
Ehrlich, Sam C.; Rodenberg, Ryan M. |
| Source: |
Cardozo Law Review de•novo |
| Publisher Information: |
LARC @ Cardozo Law |
| Publication Year: |
2025 |
| Collection: |
LARC Cardoso Law (Yeshida Univ) |
| Subject Terms: |
Administrative Law; Antitrust and Trade Regulation; Constitutional Law; Entertainment; Arts; and Sports Law; Labor and Employment Law; Law; Legislation; Supreme Court of the United States |
| Description: |
The Student Compensation and Opportunity through Rights and Endorsements Act (“SCORE Act”) is Congress’s most ambitious effort yet to bring stability to college sports, codifying the recent House settlement while granting sweeping regulatory power to private athletic associations such as the National Collegiate Athletic Association (“NCAA”) and the College Sports Commission (“CSC”). However, by delegating policymaking authority to these private, self-interested entities without any sort of public oversight, the bill raises serious constitutional concerns under the private nondelegation doctrine. Drawing on parallels to a string of litigation involving the Horseracing Integrity and Safety Act (“HISA”) and recent Supreme Court signals, this Article argues that it may not matter whether the SCORE Act can be passed, because its structure cannot withstand constitutional scrutiny. |
| Document Type: |
text |
| File Description: |
application/pdf |
| Language: |
unknown |
| Availability: |
https://larc.cardozo.yu.edu/de-novo/113; https://larc.cardozo.yu.edu/context/de-novo/article/1112/viewcontent/TheScoreActIsUnconstitutional.Final_.pdf |
| Accession Number: |
edsbas.942DF41F |
| Database: |
BASE |