The Trump Effect: Are Major Shifts in Sports Law Coming?

On January 20th, Donald Trump will assume the presidency, and it is safe to say that his administration will make changes in certain areas of sports law. What will they be? It is likely to include changes in transgender rights, for one. For other predictions, check out Professor Mark Conrad on his podcast "Sports Business Podcast with Prof. C."

Host: Mark Conrad Producer: Victoria Ilano Additional Production: Jeffrey Haynes Artwork: Pamela V. White Marketing: Michelle Miller Music: ”MarcusWay/Energetic Pop Punk/Tribe of Noise”

Episode Transcript

(00:07):
Hello and welcome to the
Sports Business Podcastwith Prof. C, the podcast that explores
the world of professional, collegiate,amateur, and Olympic sports.
I’m Mark Conrad, or Prof.
C from Fordham University’s Gabelli Schoolof Business, where I serve as Professor

(00:29):
of Law and Ethics and the Directorof the Sports Business Initiative.
As we all know, a new administration
will come to Washington on January 20thand it is a safe
bet that the political landscapewill change.
Coupled with both houses of Congressunder Republican control,

(00:52):
Donald Trump will assume the White Housewith the ability to alter policies
adopted during the Biden Administration.
This may apply to the world
of professionaland non-professional sports.
What will be changed?
Here are a few of my thoughts.
Probably the most

(01:13):
direct shiftwill be the Federal government’s policy
on transgender athletes’ participation
in sports teams in their transitioned sex.
Trump has made it clearthat he wishes to roll back protections
for transgender students in schoolsthat receive Federal funding.
This would come at a timewhen over 20 states have enacted laws

(01:38):
barring transgender participation.
The incoming Trump Administration’sposition,
spearheaded by Linda McMahon,the secretary of education-designate,
would be counter to the proposed rules
issued by the Biden Administration.
In 2023,the Education Department’s Office of Civil

(02:00):
Rights proposed a rule prohibiting schoolsfrom banning
transgender athletes from participating
in their new gender identity.
Instead, it would allow schools to prevent
a transgender student from playingif their participation
affected competitive fairness, safety,

(02:22):
or some other statedobjectives of the sport.
It was a middle of the road approach,
but, maybesensing the political landscape,
the rule was not implementedby the time of the election.
With Trump’s victory,it is almost guaranteed that this proposal
will be shelved and replaced by a policyprohibiting this practice.

(02:45):
My guess
is that the change will be challengedin court as a violation of Title
IX of the Educational Amendments of 1973,which bans discrimination
based on gender in schoolsreceiving federal funds.
Since most colleges and universitiesreceive some kind of federal funding,

(03:08):
this change would have significant effecton transgender female students.
Another issue to watch is whether the NCAA
can persuade the new administrationand the new Congress
for immunity from antitrust laws.
While the transgender rules can be donewithout legislation,

(03:29):
an antitrust exemptionmust be passed by Congress.
As we know, the NCAA has been
a defendant in a number of antitrustchallenges to its governance,
including the Supreme Courtdecision in Alston v.
NCAA.
Its governancestructure is severely altered
in this new era of college sportsand the organization

(03:52):
wants to avoid more costly antitrustlitigation.
Sen. Ted Cruz (R-Texas), who will chairthe Senate Commerce Committee,
vowed on a recent podcast, to prioritizesolving the “future
and viability of college athletics.”
Cruz has sponsored legislationthat would establish a national name,

(04:15):
image and likeness standard, provide
the NCAA an antitrust exemption,
and declare that college athletesare not employees of their universities.
However, the new
presidenthas not taken a position on this issue
and there is no guaranteethat this legislation will pass
both Houses of Congressbefore coming to the President’s desk.

(04:39):
A reconstituted National LaborRelations Board
could decide that studentathletes cannot be considered employees.
Golf is a passion of the incomingPresident
and has been interestedin the proposed merger of the PGA Tour
and LIV Golf,the Saudi-backed golf association.

(04:59):
There have been antitrust concernsif this deal is consummated,
but it is more likely that a Trumpjustice department will not block it.
Other sports issues to watch will be lessdirect, but potentially important.
Would changes in the tax lawsaffect the sale of sports teams;

(05:19):
will Trump’s penchant for interjectinghimself in cases where athletes engage
in what could be calledpolitical acts emerge once again?

But one thing is sure (05:29):
a president who enjoys
the spotlight will get plenty of itas the U.S.
will host the men’sWorld Cup final in 2026
and the Los AngelesSummer Olympic games in 2028.
You can bet that Donald Trumpwill be at the championship
soccer match and the openingceremonies of the Olympics.

(05:52):
And he will soak up every minuteof his camera appearances.
Any thoughts?
Send them to me at [e-mail].
Thank you for listening.
Until next time, this is Prof.
C for the GabelliSports Business Initiative.