Insights and Analysis
AI-washing – when AI hype becomes a litigation risk
“Look what happened with NIL. They destroyed college sports, the court system destroyed … You know, we had 150 years of rulings and everything else, and they had such a great system with the scholarship system … And it took care of every sport, fencing, not only football. Now it's all football, and the football is bringing down colleges because they're losing [money] … college sports is a disaster right now. You have many people staying in college because they're going to make more money than [if they turned pro] … We have a seven-year freshman. It's crazy what they've done.”
- President Trump on CNBC, April 21, 2026.
On April 3, 2026, President Trump signed an executive order entitled “Urgent National Action to Save College Sports” (the “Order”).1 The Order is the administration’s second executive action directed at college athletics in less than a year, following the July 2025 executive order titled “Saving College Sports,” which instructed federal agencies to develop policy guidance but has resulted in limited tangible regulatory action to date.2 The new Order is more prescriptive and potentially more coercive. It directs the NCAA to update its rules across several legally-contested areas—including eligibility limits, transfer restrictions, and permissible forms of student-athlete compensation—and, most importantly, threatens federal grant and contract eligibility as a primary enforcement mechanism for non-compliance with such rules. The operative provisions of the Order take effect on August 1, 2026.
The Order reflects continued focus by federal policymakers to persistent regulatory uncertainty facing college sports and arrives on the heels of a March 6, 2026 White House roundtable with industry leaders, the Trump Administration’s formation of several college sports committees, and amid ongoing debate over the SCORE Act in Congress. Although the Order may be best understood as a policy statement intended to spur legislative action in Congress, and although many commentators have questioned its practical impact and enforceability, institutions should not disregard the Order’s compliance and enforcement implications. The Trump Administration has demonstrated a willingness to use federal funding as a tool for forcing change in the higher-education context, and the Order’s directive to contracting and grantmaking agencies to evaluate compliance with NCAA and College Sports Commission (“CSC”) rules adds a new vector of risk for athletics departments. Institutions should prepare for compliance while monitoring legal and political developments closely.
The Order contains multiple directives aimed at changing NCAA rules governing student-athlete eligibility, transfer restrictions, and NIL agreements, as well as directing the Department of Justice and Federal Trade Commission to seek legal action invalidating state NIL laws that conflict with NCAA rules and federal law.
However, one of the most consequential provisions of the Order is its threat to federal funding eligibility for institutions that violate NCAA rules. Specifically, the Order directs federal agencies that contract with or provide grants to higher education institutions to evaluate violations of applicable NCAA rules—particularly those concerning eligibility limits, transfers, revenue-sharing, and NIL deals—to determine whether violations of such rules render an institution unfit for federal grants or contracts3. Notably, the Order limits its application to institutions generating at least $20 million in annual intercollegiate athletics revenue.4 The Order tasks the Office of Management and Budget, in consultation with the General Services Administration, with issuing compliance guidance and reinforcing the suspension and debarment framework with respect to such violations.5 In support of this effort, the Order also directs the General Services Administration and the Department of Education to increase data collection across college athletics.6 In other words, the idea seems to be, regardless of what enforcement actions the NCAA or CSC seek to take, Uncle Sam may force compliance.
Much of the public discourse surrounding the Order has focused on potential legal challenges—President Trump himself acknowledged at the White House roundtable that any executive action on college sports would likely trigger litigation—particularly with respect to constitutional challenges as well as enforcement of the Order’s directives that appear to conflict with federal court orders and judicial settlements.7 However, as we see it, the Order demands attention on at least two fronts.
Authored by Michael Bell, Aaron Cutler, Joel Buckman, Jimmy McEntee, and Evan Guimond.
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