District Court judge Claudia Ann Wilken found for the plaintiffs,[2][3] a decision upheld in part by the Ninth Circuit.
[4] In review of the Ninth Circuit's decision, the NCAA agreed to allow student athletes to receive full scholarships for academics.
[5] Subsequent to O'Bannon, a number of additional lawsuits challenging the NCAA's restrictions on educational compensation for athletes were raised, led by Shawne Alston and Justine Hartman.
Judge Wilken, also hearing this case, issued her decision in March 2019, ruling against the NCAA that their restrictions on "non-cash education-related benefits" violated antitrust law under the Sherman Antitrust Act and required the NCAA to allow for certain types of academic benefits beyond the previously-established full scholarships from O'Bannon, such as for "computers, science equipment, musical instruments and other tangible items not included in the cost of attendance calculation but nonetheless related to the pursuit of academic studies".
[8] The panel did agree that the NCAA had a necessary interest in "preserving amateurism and thus improving consumer choice by maintaining a distinction between college and professional sports", but their practices still violated antitrust law.
[12] Gorsuch acknowledged that "some will see this as a poor substitute for fuller relief" in addressing the apparent discrepancy of compensation between student athletes and the coaches and administrators of the NCAA.
[13] Justice Brett Kavanaugh wrote a concurring opinion, stating that antitrust laws "should not be a cover for exploitation of the student athletes.
"[14] Kavanaugh's opinion also spoke to other NCAA regulations that he believed "also raise serious questions under the antitrust laws" and would be struck down if challenged under the same legal principles used by the lower courts in Alston.
With the decision, passage of laws to help improve collegiate athlete compensation are expected to be accelerated if the NCAA does not take quick actions to remedy from the ruling.
[15] President Joe Biden stated that he "believes that everyone should be compensated fairly for his or her labor",[15] while Senate Commerce Chair Maria Cantwell said the ruling gave "new urgency" to their legislative efforts.