Senate Passes Motion to Proceed to Protect College Sports Act (S. 4668) 77-22, Confirms Kasdin Miller Mitchell as District Judge 49-45 Amidst Debate on Athlete Rights and Judicial Philosophy
The Senate convened for a major legislative day, highlighted by the passage of a motion to proceed to S. 4668, the "Protect College Sports Act of 2026," and the confirmation of Kasdin Miller Mitchell to be U.S. District Judge for the Northern District of Texas. Debate on the college sports bill revealed deep divisions regarding athlete protections, antitrust exemptions for athletic associations, and the role of agents and boosters. The judicial nomination also drew significant opposition based on the nominee's past legal work and affiliations. Additionally, several unanimous consent requests for other legislative measures were made, with some passing and others failing due to objection.
This chamber-day is significant due to the advancement of the "Protect College Sports Act," a sweeping bipartisan bill aiming to regulate name, image, and likeness (NIL) rights, athlete welfare, and the structure of college athletics, which could profoundly reshape intercollegiate sports. The confirmation of a federal judge, despite strong opposition, also represents a consequential outcome for the judiciary. The debates surrounding these matters underscored fundamental disagreements on economic regulation, civil liberties, and the balance of power within collegiate institutions.
Protect College Sports Act of 2026
S. 4668Question before the chamber
The Senate resumed consideration of the motion to proceed to S. 4668, a bill to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes. Following the passage of the motion to proceed, a substitute amendment was called up, and multiple other amendments were filed.
The case for
Senator Cantwell, a proponent of the bill, emphasized its historic nature in establishing federal recognition of NIL rights and revenue sharing for athletes, which she stated is not currently a permanent right under court decisions or settlement agreements. She highlighted provisions for 5 years of eligibility, scholarship, and health protections for athletes, as well as comparable standards for women's sports and Olympic sports to prevent cuts to roster spots and programs. The bill also addresses agent regulation, coach compensation limits (preventing taxpayer money from funding exorbitant salaries), and transparency in athletic spending. She argued the bill brings stability and fairness to college athletics, preventing a 'race to the bottom' driven by unregulated booster money and predatory agents.
The case against
Senator Booker, an opponent, argued that the bill undermines athlete rights, collective bargaining, and health and safety. He contended that athletes have already won NIL rights through court decisions and settlement agreements, and that this bill intervenes to cut off future legal challenges by granting permanent antitrust exemptions to the NCAA. He criticized the bill for having a double standard, imposing 'transfer sensibility' and disclosure requirements on athletes but not on coaches, who can move freely and have large buyout provisions. He also questioned the sincerity of protections for women's and Olympic sports, noting that these protections are set to expire in 4 or 9 years, unlike the permanent antitrust exemptions for the NCAA. He further stated that the bill only 'authorizes' money for HBCUs without appropriating it, which he called insulting.
Disposition
Motion to proceed agreed to; substitute amendment called up; multiple amendments filed; cloture motions filed on substitute and underlying bill. · recorded vote
The Senate agreed to the motion to proceed to S. 4668. Consideration of the bill, with a substitute amendment, is ongoing, with multiple amendments filed and cloture motions set to ripen later.
Yeas 77, Nays 22 (for motion to proceed)
Amendments
- Substitute amendment to strike all after the enacting clause and insert new text, including provisions for NIL protections, agent modifications, disclosures, academic and medical coverage, health standards, an ombudsman office, comparable standards, coaching transition rules, student athlete representation, transfer protections, eligibility, prohibited compensation, revenue share cap approval, a commission on college athletics, recruitment and tampering rules, liability limitations, private right of action, whistleblower protection, relationship to existing law, neutrality on employee status, applicability, severability, protection of women's and Olympic sports, mid-sized conference representation, Title IX savings clause, and protecting opportunities for American student athletes, as well as titles on sports broadcasting and HBCU sports media and connectivity. (Mr. Thune (for Mr. Cruz)) — Called up
- Amendment to the substitute amendment to set the Act's effective date to 1 day after enactment. (Mr. Thune) — Filed
- Second-degree amendment to amendment No. 6777, to strike '1 day' and insert '2 days'. (Mr. Thune) — Filed
- Amendment to the language proposed to be stricken by the substitute amendment, to set the Act's effective date to 3 days after enactment. (Mr. Thune) — Filed
- Second-degree amendment to amendment No. 6779, to strike '3 days' and insert '4 days'. (Mr. Thune) — Filed
- Amendment to the bill, to set the Act's effective date to 5 days after enactment. (Mr. Thune) — Filed
- Second-degree amendment to amendment No. 6781, to strike '5 days' and insert '6 days'. (Mr. Thune) — Filed
- Second-degree amendment to amendment No. 6782, to strike '6 days' and insert '7 days'. (Mr. Thune) — Filed
- Amendment to prohibit institutions from participating with private equity firms in media rights sales or sports program operations. (Ms. Baldwin) — Ordered to lie on the table
- Amendment to modify the preemption language in section 121, preserving a broader range of State laws and common law rights. (Ms. Baldwin (for herself, Mr. Durbin, Mr. Welch, Mr. Whitehouse, Mr. Schiff, and Mr. Blumenthal)) — Ordered to lie on the table
- Amendment to strike section 125(c)(4) and insert '9' instead of '4', extending transitional protection for women's and Olympic sports at mid-sized institutions. (Mr. Merkley) — Ordered to lie on the table
- Amendment to strike section 119(c) and insert new language for relief in civil actions, allowing for threefold damages and attorney's fees. (Mr. Merkley) — Ordered to lie on the table
- Amendment to modify the definition of 'eligible entity' in Title III to include other institutions described in section 371(a) of the Higher Education Act of 1965, and to increase the authorization of appropriations to $360,000,000 for each of fiscal years 2027 through 2032. (Mr. Merkley) — Ordered to lie on the table
- Amendment to strike section 118(a)(1) and (2) and insert new language regarding antitrust liability limitations, specifically addressing the revenue share cap and retention fund if the settlement agreement expires without congressional approval. (Mr. Merkley) — Ordered to lie on the table
- Amendment to strike section 107(b) and insert new language for mandatory independent investigation of sexual assault, abuse, and misconduct, including referral to independent investigators and law enforcement, and provision of victim advocates. (Mr. Murphy (for himself and Mr. Booker)) — Ordered to lie on the table
- Amendment to insert a new section 113, 'Transfer Protections for Coaches,' allowing coaches to transfer once without losing eligibility, and a second time with a loss of eligibility, with exceptions for sport discontinuation or sexual assault/harassment. (Mr. Murphy (for himself and Mr. Booker)) — Ordered to lie on the table
Who is affected
- Student athletes: The bill aims to establish federal protections for name, image, and likeness (NIL) rights, revenue sharing, eligibility, scholarships, and health care, potentially altering their financial opportunities, academic paths, and welfare. Opponents argue it may limit their legal recourse and collective bargaining power.
- Colleges and universities: The bill would impose new federal regulations on athletic departments, including financial disclosures, health and safety standards, and restrictions on coach compensation. It also includes a retention fund and provisions for smaller schools to manage costs.
- Intercollegiate athletic associations and conferences (e.g., NCAA): The bill grants antitrust exemptions for certain rules and enforcement actions, while also imposing new requirements for transparency, athlete representation on governing boards, and adherence to specific standards. Opponents argue these exemptions could entrench monopolistic practices.
- Athlete agents: The bill introduces new registration requirements, limits on fees (capped at 5%), and prohibitions against fraudulent representations, aiming to regulate their conduct and protect student athletes from exploitation.
- Women's sports and Olympic sports programs: The bill includes provisions to prevent reductions in grant-in-aid opportunities and roster spots, aiming to preserve these programs. However, opponents noted these protections have sunset clauses, raising concerns about long-term stability.
- Historically Black Colleges and Universities (HBCUs): Title III of the bill authorizes grants for HBCUs to improve broadband, technology, media, and sports broadcast infrastructure, potentially enhancing their athletic and academic competitiveness, though opponents noted the funds are only authorized, not appropriated.
- Fans and local communities: The bill includes provisions for market-level broadcast access for college football and basketball, aiming to ensure games are available without paywalls in local designated market areas, potentially increasing access for fans.
Kasdin Miller Mitchell Nomination
Executive Calendar No. 830Question before the chamber
Advise and consent to the nomination of Kasdin Miller Mitchell, of Texas, to be United States District Judge for the Northern District of Texas.
The case for
While no specific proponents spoke in the provided text, the successful cloture vote and confirmation indicate that a majority of Senators supported her qualifications and suitability for the judicial position.
The case against
Senator Durbin opposed the nomination, stating that Ms. Mitchell's record demonstrates a prioritization of corporate interests over people. He cited her representation of Big Tech companies and industrial polluters, as well as her work for the New York State Rifle & Pistol Association in the Bruen case, which led to the striking down of gun safety laws. He also noted her litigation against reproductive rights and her arguments for gutting the Voting Rights Act in Shelby County v. Holder, in addition to her ties to the Federalist Society and other right-wing organizations.
Disposition
Nomination confirmed · recorded vote
Kasdin Miller Mitchell was confirmed as a U.S. District Judge for the Northern District of Texas.
Yeas 49, Nays 45
Who is affected
- Citizens in the Northern District of Texas: Will be subject to rulings and judicial interpretations from the newly confirmed federal judge.
- Legal system and jurisprudence: The appointment of a judge with a specific legal philosophy, as described by opponents, could influence future legal decisions on issues like gun rights, reproductive rights, and voting rights.
- Advocacy groups for civil liberties, gun rights, and reproductive rights: The confirmation impacts the balance of judicial interpretation on issues central to these groups' missions.
Motion to Proceed to Protect College Sports Act (S. 4668) Passes with Strong Bipartisan Support
highThe Senate voted 77-22 to agree to the motion to proceed to S. 4668, the "Protect College Sports Act of 2026." This procedural vote allows the Senate to begin formal consideration of the bill, which aims to establish federal regulations for college athletics, including name, image, and likeness (NIL) rights for student athletes.
Kasdin Miller Mitchell Confirmed as U.S. District Judge for Northern District of Texas
highFollowing a successful cloture vote of 49-47, the Senate confirmed the nomination of Kasdin Miller Mitchell to be a U.S. District Judge for the Northern District of Texas by a vote of 49-45. Senator Durbin voiced opposition, citing her record on corporate interests, gun rights, reproductive rights, and the Voting Rights Act.
Deep Divisions Emerge on Protect College Sports Act Regarding Athlete Rights and Institutional Control
highDuring floor debate on S. 4668, Senator Cantwell highlighted the bill's provisions for athlete revenue sharing, NIL rights, 5 years of eligibility, and protections for women's and Olympic sports. In contrast, Senator Booker argued the bill undermines athlete rights, collective bargaining, and health/safety, while granting permanent antitrust exemptions to the NCAA and failing to adequately fund HBCUs or ensure equitable treatment for coaches.
Unanimous Consent Requests for Energy Bills Fail Amidst Objections
mediumSenator Husted requested unanimous consent to pass H.R. 9340, the Ratepayer Protection Act, which had passed the House 417-3 and aimed to make large electricity customers pay for grid upgrades. Senator Heinrich objected, arguing the bill was insufficient and proposed his own bill, S. 5199, the GRID Savings Act, which was then objected to by Senator Moreno, preventing immediate passage of either measure.
Multiple Amendments Filed to Protect College Sports Act, Setting Stage for Further Debate
mediumFollowing the motion to proceed to S. 4668, a substitute amendment (SA 6776) was called up, and several first- and second-degree amendments (SA 6777, 6778, 6779, 6780, 6781, 6782, 6783) related to the bill's effective date were offered by Mr. Thune. Additionally, Senators Baldwin, Merkley, and Murphy submitted several amendments (SA 6784, 6785, 6786, 6787, 6788, 6789, 6790, 6793, 6794, 6795) to the bill, indicating a complex legislative process ahead.