Special Edition: MeidasTouch Presents 'Legal AF', Episode 14

Jun 27, 2021

Dan Lust, a sports law expert and litigator, joins Ben Meiselas and Michael Popok to discuss the NCAA's precarious legal standing amid SCOTUS decisions. They delve into the implications of recent rulings on athlete rights and the legal challenges faced by the NCAA, particularly concerning price-fixing. The team also reflects on Rudy Giuliani's bar suspension for malpractice and speculates on potential indictments against the Trump Organization, highlighting the intersection of law, sports, and politics.

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INSIGHT

NCAA's Antitrust Problem

The Supreme Court's Alston ruling, though narrow, has broad implications for college sports.
The NCAA's amateurism model faces challenges from antitrust laws and evolving views on student-athlete compensation.

INSIGHT

Schools and Democracy

Public schools are crucial for democracy, requiring the protection of even superfluous speech.
Off-campus speech by students receives robust First Amendment protection, unlike on-campus speech.

INSIGHT

Supreme Court Strategy

The Supreme Court may be strategically choosing cases with potential for agreement.
This approach could reaffirm democratic values in divisive times, led by Chief Justice Roberts.

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On Episode 14 of LegalAF (#LAF), MeidasTouch’s Sunday law and politics podcast, hosts MT founder and civil rights lawyer, Ben Meiselas and national trial lawyer and strategist, Michael Popok, joined by special guest and sports law commentator, litigator and all-around savant, Dan Lust, "tackle" (pun intended) SCOTUS' antitrust attack on the NCAA and its illegal price-fixing and restraint of trade, and why the NCAA should be very worried by Kavanaugh’s dissent more than the majority opinion. Continuing the sports theme, Ben and Popok “bounce” ideas around with @SportsLawLust about SCOTUS and the "off campus" First Amendment rights of students, including the former cheerleader plaintiff. The hosts also wonder aloud if Chief Justice Roberts is trying to "hold" the center and uphold fundamental democratic values. Talking about the First Amendment, Ben and Popok next use their AF powers to "school" Governor DeSantis about his new "viewpoint diversity" laws for colleges and universities and discuss whether they are constitutional. Next up, Ben tosses a "softball" to Michael in discussing just why New York took the extraordinary step to immediately suspending Rudy Giuliani's bar license for fraud and false statements until it can consider more permanent sanctions. Then, the expanded "Analytic Friends" take a "deep dive" into Popok’s bold prediction that the Trump Organization (and maybe more) will be indicted next week by the Manhattan DA’s office, and he is forced to remind everyone what AF really stands for. To round out the segment, the co-hosts talk through what a contract "morals clause" is, and how it has led to New York cancelling all of its contracts with the Trump Organization. "Switching gears," the #LAF co-hosts take a look at the DOJ's first lawsuit filed to protect voting rights, this time against Georgia arguing that its new voter integrity (= voting suppression) laws aimed at making absentee ballots harder to "cast" is a not so veiled unconstitutional attack on Black voters and violates the Voting Rights Act. The leading case of Burger King v. McDonald’s French Fries is also briefly discussed. Finally, Ben and Michael "grapple" with the Chauvin sentencing. Easter egg alert: Ben creates a new “Popok-ian” movement leading Dan to chuckle and wonder aloud about whether squirrels are bi-partisan. (Not kidding).

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