The Supreme Court's move to the right is what has caused the current disastrous litigation. Conservative Justices have seen anti-trust violations where traditionally there was acknowledgment that NCAA athletes are amateur athletes who received direct scholarship/contract benefits for participating in sports. An athlete cannot waive their right to NIL, by virtue of obtaining a scholarship and participating as an amateur, as this is an impermissible restriction on their right to access the free market. This is obviously a pretty expansive reading of anti-trust law given that the athletes are clearly participating as amateurs and are compensated for their participation through scholarships worth hundreds of thousands of dollars. The Supreme Court could have easily ruled that anti-trust does not apply in the context of the NCAA athletics, but instead took an extreme free-market position that has led us to where we are today. The irony is not lost, as anti-trust laws are not enforced against mega-corporations. So, this is selective anti-trust enforcement serving the abstract idea of a "free market". Plaintiff lawyers opportunistically saw the potential case here. The NCAA agreed to cap rosters as a way of adding clarity to their legal obligations where the aggregate settlement would be spread/paid to athletes per school. Having more on the roster potentially leads to a lack of clarity and potentially more of a financial obligation. Thus, neither side has the interests of student athletes in mind. It is either about obtaining the contingency fee or mitigating the financial exposure, depending on what side one is on. Athletes in revenue producing sports are being reward twice through scholarships and then payout money that is dispersed at the discretion of the schools. Again, most of these athletes are not professional in any sense and only very few would be drafted into major professional leagues, with most toiling away in the minor leagues receiving very low pay. Meanwhile, athletes in the non-revenue sports bear the brunt of the apparent need to expose amateur athletes to the free market.