On Monday, Justice Kavanaugh spoke at Notre Dame Law School. I've transcribed his remarks. At the 38:20 mark, Dean Cole asked, somewhat in jest, if NCAA v. Alston would extend to law review editors.
Dean Cole: So since you're using sports analogies, next question is, do you think your concurrence in NCAA versus Alston could cover fields and bodies beyond college football, for example, like law journals, or the Notre Dame Law Review?
Kavanaugh, as he is wont to do, went far beyond the question presented. Indeed, that was precisely what he did in his NCAA v. Alston concurrence: go beyond the question presented to resolve the legality of other NCAA compensation rules. And Justice Kavanaugh explained why he decided to address questions that were not presented. Here is his answer, which lasts about two minutes.
