The debate over Name, Image, and Likeness (NIL) compensation in college athletics has just taken a dramatic turn—straight into the Oval Office.
According to a report from The Wall Street Journal, President Donald J. Trump is considering issuing an executive order to regulate NIL payments to college football players. The development follows a recent meeting between Trump and legendary Alabama head coach Nick Saban, who has voiced growing concern over the unchecked explosion of NIL money since 2021.
NIL Under Fire—From the White House
At the University of Alabama's commencement ceremony, President Trump and Saban discussed the challenges facing college sports under the current NIL model. While Saban supports athletes having the right to profit from their fame, he's long warned that the system—largely shaped by market-driven collectives and uneven state laws—is “unsustainable” and exacerbates inequalities between well-funded schools and those with fewer resources.
Trump, reportedly agreeing with Saban's critique, has now directed aides to begin drafting the framework of a possible executive order. The order would likely aim to increase federal oversight and potentially limit NIL payments, particularly in revenue-heavy sports like football.
Legal Hurdles and Legislative Uncertainty
As with any executive action, such a move would face significant legal and constitutional scrutiny. Executive orders cannot override existing rights or legislation, and any attempt to curtail athlete compensation would almost certainly invite court challenges and require legislative backing.
To that end, Congress is already weighing in. Rep. Michael Baumgartner (R-WA) recently introduced H.R. 2663, the "Restore College Sports Act," a sweeping bill that would:
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Eliminate the NCAA in favor of a new federal regulatory body, led by a presidentially appointed commissioner;
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Mandate revenue sharing of NIL funds across all athletes at an institution;
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Allow athletes to transfer without restriction.
This proposed legislation—alongside Trump's interest in executive action—signals a seismic shift in how the federal government may begin to shape college athletics.
What's at Stake?
At the heart of this fight is the long-standing tension between amateurism and commercialization in college sports. Since the NCAA lost its grip on NIL regulation in 2021, schools have competed fiercely for top talent, often with the help of deep-pocketed donor collectives. Critics argue that the current model rewards only a select few athletes and schools, while leaving others behind.
But restricting or capping NIL payments—especially by executive fiat—raises serious First Amendment and antitrust concerns. The courts have repeatedly affirmed athletes' rights to monetize their name and image. Any attempt to roll back those rights will likely face fierce legal opposition.
Saluja Law's Take
As advocates for both fair labor practices and student-athlete rights, Saluja Law is watching this situation closely. We believe college athletes—many of whom come from underserved communities—deserve to profit from their own labor and likeness just as any other American worker does.
A federally imposed cap or restriction on NIL income could:
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Disproportionately harm Black and Brown athletes who dominate revenue-generating sports;
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Erode state-level reforms that empower athletes;
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Raise constitutional challenges that could take years to resolve.
While thoughtful reform is needed to ensure transparency and equity in NIL deals, sweeping executive orders are not the solution. We encourage student-athletes, schools, and supporters to remain vigilant and informed.
📞 If you're a student-athlete, collective, or school navigating NIL deals, Saluja Law is here to help. We offer legal support on contract review, compliance, and dispute resolution.