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Potential Executive Order to Regulate NIL

+19 HS
huffdaddy's picture
5/3/25 at 8:17a in the College Sports Forum
66 Comments

I am going to try to keep this as apolitical as possible which is admittedly very hard. But this is an important topic that is worthy of discussion - try to keep from commentary on this particular President so this can stay up. This is something that is likely to happen and will immediately impact OSU and everyone else in some shape or fashion. 

Trump gave the commencement at the University of Alabama. Saban bent his ear for a while on the problems with NIL as currently structured. Then Tuberville, current senator and former Auburn coach, did the same. Trump then announced that he is asking his staff to work on an Executive Order on NIL. Article behind a paywall here: https://www.nytimes.com/athletic/6330290/2025/05/02/donald-trump-executi...

My thoughts on this, again staying away from Trump commentary as much as possible:

- We all know NIL and the portal as structured do not work right now. OSU is doing fine in this universe but it's perpetual free agency without a salary cap. 

- Saban probably has the "good of college football" at heart, but I do not trust him to direct this at all. Alabama paid recruits for years under the table, and now they are up in arms that they have to compete. And Tuberville is a light-weight. 

- NIL should be regulated. But whining from people who made $10 million+ a year to coach, and who could move around at will, is why we wound up here in the first place. And the courts agreed.

- This has to get regulated centrally which is why there are bills in Congress. Individual states are passing their own bills so it doesn't work to just not regulate it. In that context, an Executive Order makes some sense to organize this. 

- At the same time, just like you can create an EO with the stroke of a pen, you can undo one the same way. This doesn't create certainty the way legislation does. There is a very strong likelihood it gets challenged in court (EOs are getting litigated by the dozens right now) and it is completely subject to every new election. Passing a law through Congress is hard - but it's more clearly legal and stickier.

- At the same same time, what we have now isn't certain either. Courts rule every few months on the portal and paying players. 

My honest hope is that the threat of an EO creates pressure on the schools, the conferences and Congress to come up with a more permanent structure that has rules, a salary cap of some sort (likely involving players as employees) and some limits on the portal (likely with a players union at the table). We all know this is where it is going - couldn't we get there in 2 years instead of 12 years? But my concern is that this will just wind up with a bunch of unintended consequences because it isn't being crafted by the current coaches and conferences, and it will wind up changing the rules for one season, then going down in flames in court with more uncertainty, etc. 

This is a forum post from a site member. It does not represent the views of Eleven Warriors unless otherwise noted.

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