Offsides: The Two House Dems Who Make GOP's SCORE Act ‘Bipartisan'
Then the proceedings got underway, quickly revealing a familiar partisan divide on the two pivotal questions on shaping the future of college sports: whether Congress should shield the NCAA from further antitrust lawsuits, and whether it should prevent college athletes from being classified as employees.
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Rep. Yvette Clarke (D-N.Y.) criticized the SCORE Act as 'The NCAA Wishlist Act,' while Rep. Lori Trahan (D-Mass.)—a former college athlete and vocal critic of NCAA policies—argued that the bill prioritizes institutional power over athletes' rights. 'Once we give that shield to an organization like the NCAA, we won't get that power back,' she said.
By the end of the session, the SCORE Act advanced on a straight, party-line vote, undermining Bilirakis' framing of the legislation's support. The bill now heads to a House Education subcommittee for another markup, where Democrats aim to highlight it as a Republican-driven effort.
However, that narrative has been complicated by two freshman Democrats, Reps. Janelle Bynum (Ore.) and Shomari Figures (Ala.), who have joined with Bilirakis and six other Republicans to give the SCORE Act at least the technical distinction of being bipartisan.
In separate phone interviews with Sportico last week, Figures and Bynum explained their support for the bill despite the broader Democratic consensus that the courts, not Congress, remain the most reliable path for advancing college athlete rights.
'I think the type of stability that is necessary is best addressed through legislation that can provide the type of consistency and provide the types of general guardrails for these systems to operate within,' said Figures, who previously served as deputy chief of staff and Counselor for Attorney General Merrick Garland. 'Court cases take years. Court cases cost millions of dollars. Most of the plaintiffs in the [House v. NCAA] case that was just recently settled finished college like, what, decade-plus ago? And so the realities of it are, people don't want to have to litigate and fight for their entire collegiate career.'
He continued: 'Look people, everybody from fans to student-athletes, they want this to be as simple as possible. They want athletes to be paid and compensated fairly and equitably. And they want to get back to the days where we can, you know, watch football and enjoy it. And [the SCORE Act] is something that gets us, you know, closer to that direction.'
For Bynum, the SCORE Act arguably contrasts with her prior state-level efforts to limit NCAA power. While serving in the Oregon House of Representatives last year, Bynum co-sponsored a bill, now law, barring athletic associations from punishing athletes over actual or alleged rule violations that contravene state statutes.
However, Bynum now sees federal action as necessary to bring balance and clarity to a system complicated by state laws and judicial rulings.
'I'm very passionate about kids being healthy, kids being able to participate, and particularly at the college level, where they [now] have an opportunity to monetize. For so long, they did not have a fair opportunity,' Bynum said. 'And now we're into this area where the rules aren't very clear. I would still say they're not necessarily fair, and it's time for us to have a real conversation about what it means to have a healthy marketplace.'
Though both Figures and Bynum hail from states known for big-time athletics, neither represents a congressional district with a major FBS football or basketball program.
Alabama's 2nd District, represented by Figures, is home to eight four-year institutions—including three lower-tier Division I programs (South Alabama, Troy and Alabama State), three Division II schools and two NAIA colleges. Bynum's Oregon district (the 5th) includes only one NCAA-affiliated school: Division III Willamette University.
Both lawmakers have personal and professional ties to college athletics, particularly through Historically Black Colleges and Universities (HBCUs). Bynum's son, Ellis, recently transferred to Prairie View A&M University—an HBCU in Texas—to play football after three bench-filled seasons at the University of Oregon.
Figures, a self-proclaimed 'fan of college sports,' earned both his undergraduate and law degrees from the University of Alabama during the height of the Nick Saban era. While he hasn't personally spoken with Saban about college sports reform, the legendary coach has become a vocal supporter of the SCORE Act's key initiatives.
Figures' brother played college basketball at Morehouse College, another HBCU, and two of his senior staffers are former college athletes: legislative director Iyanla Kollock competed in track and field at Rutgers, while press secretary Bry'Shawna Walker played lacrosse at Division III North Central College, where she also served as president of the school's NCAA Student-Athlete Advisory Committee.
'They have certainly helped inform the position that we've taken,' Figures said. 'The benefit of having members in the office who were athletes shortly before the NIL era is that they bring recent, relevant experience. At the end of the day, they provide valuable insight and guidance, and we're happy to have them.'
Despite the clear divide between most Democrats and the bill during last week's markup hearing, Figures praised Bilirakis and other Republicans for making a genuine effort to find common ground.
'My general sense is that there seems to be a legitimate appetite to come to the table to hear out the concerns,' Figures said. 'I think that was evidenced in the hearing … We even heard some Republican members on the committee make remarks like, 'Hey, that's a very valid point, a strong point. Let's get together. Let's sit down and see what we can work through on it.' And so I think, you know, as long as that environment is here, I think there's an opportunity to get more Democrats on the bill.'
Bynum was even more hopeful.
'I'm bullish on our ability to bring along more Democrats and to have robust conversations with my Republican colleagues,' she said. 'I'm always an optimist on that space, and I think everyone wants to bring something home to their state that helps.'
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