SEC Eligibility Rule Raises Bigger Question: Authority

The SEC’s new eligibility policy may ultimately have to survive scrutiny beyond the conference itself.
The SEC’s new eligibility policy may ultimately have to survive scrutiny beyond the conference itself.

Todd Horne Column

Authority

The SEC can write the rule and enforce it inside the conference. The harder question is what happens when that authority reaches the courthouse.

Ten minutes before we went on the air Tuesday night, the SEC rendered about 20 pages of my notes mostly useless.

I had spent much of the day preparing for what had already become one of the strangest eligibility disputes in the history of college athletics. Federal and state judges were issuing competing rulings. LSU was preparing to add former NFL players Dae’Quan Wright and Zxavian Harris. R.J. Luis Jr. had just won a preliminary injunction in Baton Rouge allowing him to continue his college basketball career despite signing professional contracts. The NCAA was fighting lawsuits across the country over athletes from the 2022 class who had exhausted their eligibility just before the organization changed its rules.

Then the SEC issued its policy.

If an athlete had declared for the NFL, NBA or WNBA draft and failed to properly withdraw, signed a contract with an NFL, NBA, G League or WNBA team, or appeared on one of those professional rosters, that athlete could not compete at an SEC school. Commissioner Greg Sankey was given enforcement authority against member institutions that violated the policy. [AP]

So much for the outline.

Ten minutes later, we went live on Tiger Rag Radio, and the question changed.

Not whether former professionals should be allowed to return to college. I understand the SEC’s position. Frankly, I’m sympathetic to it.

The question was simpler.

What authority does the SEC actually have?

That question requires a better answer than I gave it Tuesday night.

The SEC unquestionably has organizational authority. Its 16 universities voluntarily belong to the conference, agree to conference rules and delegate substantial enforcement power to the commissioner. If the presidents and chancellors tell Sankey he can penalize a member that violates an SEC policy, that authority is real inside the organization.

But organizational authority is not the same thing as legal supremacy.

The SEC is not a legislature. It is not a court. It does not write Louisiana law, Texas law or federal law. Its rules exist inside a larger legal system, and when those rules collide with rights recognized by a court, the conference does not get to settle the conflict merely by announcing that its rule wins.

That is where this gets complicated.

And where the chronology matters.

Take the 2022 football class.

Those players entered college under the old eligibility structure. When the 2025 season ended, players who had used their fourth season were finished. Their college careers were over.

Then, on June 23, the NCAA approved its new age-based eligibility system, commonly described as a five-for-five model. But the transition rules specifically excluded athletes who had already used their final season during 2025-26. They received no additional eligibility. [NCAA]

The door had closed before the rule changed.

That matters because players made decisions based upon the rules that existed when they had to make them.

Wright went to the NFL. Harris went to the NFL. Others from the same class may have taken accounting jobs, entered banking, started engineering careers or simply begun whatever came next.

At that moment, none of them had the option of saying, “I think I’ll play another year of college football.”

There was no another year.

Then courts began reopening the door.

A Louisiana court temporarily restored eligibility to members of that class, creating the possibility that some athletes who had already moved into professional football could return to college. LSU did what any program competing for championships would be expected to do: it looked at the available players and tried to improve its roster. [Reuters]

The SEC responded by drawing another line.

If you left college and became an accountant, the conference’s new professional-athlete prohibition does not apply to you.

If you left the same day because your eligibility was exhausted, went to NFL camp and were later waived, it does.

Same original eligibility problem. Same rule change. Same class.

Different employment decision.

That is the vulnerability in the SEC’s position.

The easy response is: You turned professional. Tough luck.

I understand it. I said essentially the same thing on the radio. There is something fundamentally strange about watching someone participate in an NFL training camp in August and potentially run out of the Tiger Stadium tunnel as a college player weeks later.

It feels wrong.

But “it feels wrong” is not much of a legal argument.

The athletes are not asking courts to preserve amateurism. College athletics largely abandoned that vocabulary itself when schools began directly sharing millions of dollars in revenue with players and roster compensation climbed into the tens of millions.

They are asking whether rules governing access to an extraordinarily valuable economic opportunity can be applied in a way that treats similarly situated athletes differently because one sought employment in professional sports after being told his college eligibility had ended.

That is where antitrust enters the conversation.

I went too far Tuesday night when I said the discrepancy itself was essentially an antitrust violation.

It isn’t that simple.

An antitrust plaintiff would have to establish far more, beginning with a relevant market—likely some version of the labor market for elite college athletic services in which major programs compete for the same athletes—and then show that the challenged restraint materially suppresses competition in that market.

That is not automatic.

Neither is coordination.

The SEC and Big Ten adopting similar restrictions does not by itself prove an illegal agreement. Competing conferences can independently arrive at the same policy without violating antitrust law. But if competing conferences coordinate restrictions that substantially limit where a class of athletes may sell its services, the legal question becomes much more serious.

Conference autonomy does not provide an antitrust shield simply because the restraint was adopted through conference governance. Internal rules remain subject to external law when their practical effect reaches beyond the organization and into a competitive labor market.

And the economic stakes are no longer theoretical.

College football players at the highest level can now earn hundreds of thousands—and in some cases millions—of dollars through direct revenue sharing and other compensation. Preventing someone from competing is no longer merely denying him another autumn of college football.

It can mean denying him a very substantial earning opportunity.

That changes the legal temperature.

The courts are already showing how unstable the landscape remains.

On Wednesday, Texas A&M basketball guard Bryson Warren, who previously played in the NBA G League, received a temporary restraining order against the NCAA allowing him to resume team activities until a Sept. 4 hearing. That ruling does not mean Warren ultimately wins. A temporary restraining order is exactly what the name says it is: temporary. But it is another example of a judge being willing to intervene before the governing organizations finish deciding the matter themselves. [On3]

The NCAA has won elsewhere. The 10th Circuit recently stayed a broader federal ruling that had favored athletes challenging the eligibility structure. These cases are not moving uniformly in one direction.

Which is precisely the problem.

Nobody currently possesses the kind of undisputed authority professional leagues take for granted.

The NFL has a collective bargaining agreement. It has a players association. It has collectively bargained rules and enforcement mechanisms operating inside a mature professional labor structure.

College athletics has conferences, the NCAA, state legislatures, Congress, federal judges, state judges, settlement agreements, institutional policies and increasingly well-compensated athletes, all overlapping one another without a single governing structure capable of settling the argument for everybody.

That is why Greg Sankey can possess broad authority from 16 SEC presidents and still find the boundaries of that authority tested in a courthouse.

It is also why LSU’s position is more complicated than simply choosing between Lane Kiffin and the conference.

LSU is an SEC member. Wade Rousse participated in the process that produced the policy. The university has obligations to the conference it voluntarily belongs to.

But LSU is also a Louisiana public institution. If a court with jurisdiction issues an order governing an athlete’s eligibility or restricting enforcement against him, LSU cannot pretend the judicial system is merely another opinion in the room.

The eventual answer may favor the SEC.

A judge may decide that former professionals are differently situated and that the conference’s restriction is lawful. An appellate court may reverse one of these athlete-friendly orders. Congress may eventually provide the national structure college sports has spent years asking for.

All of that is possible.

But the SEC cannot create the final answer simply by asserting it.

That is what fascinated me Tuesday night after the press release blew up the notes sitting in front of me.

The SEC was trying to restore order.

I understand why.

College sports desperately needs order.

But order and authority are not synonymous. A conference can write a rule. Its presidents can approve it unanimously. A commissioner can enforce it. Schools can agree to live by it.

And then somebody can walk into a courthouse and ask whether that rule may legally be applied to him.

At that point, the conference’s authority is no longer being measured in Birmingham.

It is being tested against an authority outside Birmingham’s control.

That is the part college sports still has not solved.

The NCAA has learned it repeatedly. The conferences are beginning to learn it now.

Authority is not self-validating because an institution announces that it possesses it. In the end, authority is what survives when somebody with standing challenges it.

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