The prevailing wisdom of Donald Trump returning to the White House and the Republicans winning control of the U.S. Senate and (likely) the U.S. House of Representatives says that college athletes’ path toward employee recognition is imperiled.

That’s a logical take, but hardly a sure bet. Several twists, including litigation, could sideline any legislative and administrative pursuits backed by the NCAA.

The election results are indeed a setback for advocates of college athletes becoming employees and unionizing. In Congress, those advocates have often been Democrats, such as Senator Chris Murphy (D-Conn.) and Rep. Lori Trahan (D-Mass), while bills that attempt to limit those rights have typically been introduced by Republican lawmakers, such as Senator Ted Cruz (R-Tex.) and outgoing Rep. Bob Good (R-Va.). With the balance of governmental power shifting away from Democrats, legislation supportive of college athletes as employees will face more daunting odds.

Meanwhile, Trump will influence the National Labor Relations Agency in ways that could hinder employment recognition. Trump’s pick for NLRB general counsel in his first administration, Peter Robb, rescinded a memorandum authored by his predecessor, Richard Griffin, that argued college athletes are employees. President Joe Biden’s pick for NLRB general counsel, Jennifer Abruzzo, resumed Griffin’s position by advocating that college athletes are employees. Trump will likely replace Abruzzo, and the appointee’s views...

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