[12][13] Schwarz had been involved in the O'Bannon litigation and was looking for a new way to advance athletes rights after that case had resulted in only modest gains.

[14] The Supreme Court's recent decision in NCAA v. Alston sheds light on modern federal attitudes towards student athlete compensation.

[2] Most notably, the Court—and especially Justice Brett Kavanaugh—rejected the NCAA's "amateurism" argument as an overly broad and outdated defense for failing to allow its revenue-drivers (i.e., student athletes) to receive compensation.

[15] The Court further rejected the NCAA's appeal that it was not a "commercial enterprise," noting the "highly profitable" and "professional" nature of certain college sports.

[15] Shortly after the Court's decision in Alston, the NCAA issued an interim name, image, and likeness policy which permits student athletes to earn this type of compensation.