Legal expert explains why Donald Trump NIL executive order would cause chaos for college sports

President Donald Trump sent shockwaves through the sports world when news broke that he was considering an executive order regarding NIL payments in college athletics. But according to Michael McCann, a legal analyst and senior sports legal reporter for Sportico, it may do more damage than good.

McCann appeared on The Paul Finebaum Show on Monday, where he spoke on an opinion piece he wrote for Sportico regarding the possible ramifications of an executive order from Trump. He argued in the article that it would create “legal chaos” largely due to the fact that an executive order can’t compel a state to interpret its own laws a certain way.

McCann also brought up the recently proposed House vs. NCAA settlement, which among many things, seeks to eliminate rules prohibiting schools from making direct payments to players. It’s possible an executive order could interfere with getting that done as well.

“If President Trump issues an executive order that somehow limits athlete compensation whether through saying they can’t be employees or new restrictions on NIL, it would face a bunch of challenges and it would not likely stabilize things,” McCann said. “It would likely create new sources of law in terms of challenges that could actually be disruptive, including to the NCAA, which as we know, is trying to get this settlement across the finish line.

“An order that says they can’t be employees, for example, would be challenged because the president can’t dictate state law and the Johnson vs. NCAA case has claims under state laws, so that case would continue. Then there’s the issue of equal protections. There’s first amendment issues, especially with NIL. Honestly, he can do what he wants. But I don’t think it would be creating stability. I think it would have the opposite effect.”

The Wall Street Journal reported last week that Trump had been inspired to consider the idea of an executive order for NIL after meeting with former Alabama coach Nick Saban. Saban reportedly told the president about NIL deals and how he believed they were damanging college sports. The coach retired following the 2023 season, three years after NIL had been introduced into law in 2021.

Trump reportedly agreed with Saban and told his aides to begin studying what an order could look like. The article also stated that Saban did not seek to end NIL, but to “reform” it.

It’s still unclear at this point what an executive order from the president would look like, or whether one will come at all. But given all that is still currently up in the air regarding NIL in college sports, McCann doesn’t see it doing much other than making things messier.