SEC Commissioner Sankey warns Senate bill risks more lawsuits for college sports

SEC Commissioner Greg Sankey is warning that a Senate bill meant to fix college sports could backfire — producing more lawsuits, not fewer. In a confidential letter obtained by AP, Sankey told SEC presidents and chancellors that key language in the Protect College Sports Act creates "unintended legal exposure" for schools and is "likely to increase litigation rather than reduce it."
The 111-page bill, introduced May 27 by Sen. Ted Cruz (R-TX) and Sen. Maria Cantwell (D-WA), aims to create a national framework for college athletics. Cruz has called it the "last, best chance" to save college sports from transfer chaos and runaway NIL spending. But the SEC and Big Ten have refused to back it, citing roughly 24 specific fixes they say the bill needs before they can support it.
At the heart of Sankey's concern is a section that gives athletes the right to file civil lawsuits against schools and conferences. Democrats have fought hard to keep that provision in the bill. But Sankey argues the current wording is too broad. He says it will expose schools to a flood of legal challenges, the exact opposite of what the bill is supposed to prevent, according to AP.
On June 4, Sankey and Big Ten Commissioner Tony Petitti held a private video call with Sen. Cruz to walk through their list of roughly 24 requested changes, AP reported. Petitti also objects to a provision that would pool media rights across conferences — a move he believes would undercut the Big Ten's existing TV contracts.
The conference divide is sharp. The Big 12 and ACC have backed the bill, viewing a federal standard as a lifeline to stay competitive with the SEC and Big Ten. The two power conferences, however, see the bill as a threat to their market dominance. On June 2, the SEC and Big Ten released a joint statement withholding support, citing "unresolved critical issues," according to AP.
By June 10, the tone softened slightly. SEC presidents and chancellors described a "productive dialogue" with senators, signaling they were open to negotiation rather than flat rejection. The SEC and Big Ten say that with the right fixes, the bill could deliver "meaningful stability and accountability" in college athletics, AP reported.
Not everyone wants the bill fixed — some want it killed. Ramogi Huma, executive director of the National College Players Association, called it "not reform" but "a bailout" and "a Trojan horse to put a predatory industry above the law." His group estimates the bill could wipe out more than $2 billion in annual NIL collective funding by classifying certain payments as over the cap, according to AP.
Athlete advocacy groups argue the bill is designed to give the NCAA a long-sought antitrust exemption — legal protection from competition lawsuits — without giving athletes the right to collectively bargain. A leaked NCAA memo suggested the bill would effectively strip athletes of the right to challenge eligibility rules in court, according to AP.
The political clock is ticking. The bill needs 60 Senate votes to pass — a high bar. With August recess approaching and campaign season starting in the fall, June is widely seen as the last real window to act. If the bill fails this month, congressional observers say reform will likely be pushed to 2027 or later, according to AP.
The bill includes several notable rules beyond revenue sharing. It would set a national "5-in-5" eligibility cap — five seasons in five years — to end the era of multi-year super seniors. It would ban a college football super league. And it would cap agent commissions on NIL deals at 5%. Former Alabama coach Nick Saban testified in favor of the bill at a June 3 Senate hearing, AP reported.
Publishers
5
Articles
5
Reach
5