Cardozo Law Review de•novo
Volume
2025
First Page
121
Last Page
136
Publication Date
2025
Document Type
Article
Abstract
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.
Recommended Citation
Sam C. Ehrlich & Ryan M. Rodenberg,
The SCORE Act Is Unconstitutional: Private Nondelegation Problems with Congress’s Latest Attempt to Regulate College Sports,
2025
Cardozo L. Rev. De-Novo
121
(2025).
Available at:
https://larc.cardozo.yu.edu/de-novo/113
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