A Potential, Post-Midterm Path Forward To “Protect College Sports”

After this week's midterm results, the Protect College Sports Act (PCSA) appears unlikely to pass in its current form. However, the legal and governance challenges facing college athletics persist and the need for legislative action is as great now as it has ever been.

In that light, legislative efforts in this area do not have to die along with the PCSA. Many newly elected Democrats from southern and midwestern states, for example, may welcome the chance to help protect and shape the future of college athletics in a manner popular with their constituents. Using many aspects of the PCSA on which there was consensus, the opportunity for reform may still be present. Congress and all involved in college athletics must accept, though, that there is no way to do this without addressing the most significant issues at hand (specifically, athlete employment and collective bargaining). There could be a path worth exploring on those points, however, that reflects the unique structure of