The Protect College Sports Act of 2026

Because I am lazy and lack the patience to dig through an entire proposed piece of federal legislation, I asked AI for a breakdown of
the Protect College Sports Act of 2026, (There is also a separate College Athlete Economic Freedom Act.). I applaud the effort, but I am skeptical that anything like this will ever pass.


The bill you are asking about is H.R. 9137, introduced June 4, 2026, by Rep. Michael Baumgartner (R-Wash.). A Senate companion, S. 4668, has also been introduced. As of today, it is still in committee, not close to enactment yet.

The big picture

I would describe the Protect College Sports Act as an attempt to put federal statutory structure around the chaotic NIL/revenue-sharing era of college athletics.

It tries to accomplish several things simultaneously:

  1. Protect athletes’ ability to make NIL money.
  2. Put some rules around NIL transactions and agents.
  3. Give athletes additional academic, medical and transfer protections.
  4. Make the current college-athlete revenue-sharing system more permanent.
  5. Give colleges/conferences some antitrust protection for collectively selling television/media rights.
  6. Put some brakes on conference realignment and the destruction of traditional rivalries.

That last group makes this considerably broader than simply an NIL bill.

  1. NIL: athletes get an explicit federal right

The bill would prohibit colleges, conferences and the NCAA-type governing organizations from restricting an athlete’s ability to enter legitimate name, image and likeness agreements.

In particular, a school generally could not:

  • declare an athlete ineligible because he or she has an NIL agreement;
  • revoke a scholarship because of legitimate NIL activity; or
  • discriminate against an athlete because of NIL compensation.

That’s significant because it would turn what has largely developed through court decisions, NCAA rules and settlements into federal statutory rights.

  1. But it doesn’t mean “anything goes”

There are disclosure and transparency requirements.

For Division I athletes, NIL compensation of more than $600 would have to be reported. The bill also creates an NIL-agreement database containing information about these arrangements.

It also regulates sports agents, including registration requirements and limits on certain agent compensation.

So the basic philosophy is:

Athletes may earn money, but the system should be transparent and regulated rather than an unrestricted bidding war.

  1. Medical and academic protections

This is one of the less-publicized parts of the bill.

It contains provisions concerning:

  • academic protections;
  • medical coverage;
  • health, wellness and safety standards;
  • access to facilities and services;
  • an Office of the Student Athlete Ombudsman; and
  • protections concerning transfers and eligibility.

The bill would also give an athlete one transfer without losing athletic eligibility, subject to the bill’s conditions.

That is a fairly substantial federal intervention into matters traditionally controlled by the NCAA and individual universities.

The really important—and controversial—part: revenue sharing

Here’s where the bill gets particularly interesting.

The 2025 House settlement fundamentally changed college sports. It permits participating universities to share substantial amounts of their athletic revenue directly with athletes. The settlement established a roughly $20.5 million initial annual cap per school, subject to increases over time.

The Protect College Sports Act essentially says:

Let’s take the basic structure of that settlement and put it into federal law.

It would prevent schools, conferences and associated entities from simply finding creative ways around the revenue-sharing limit.

And it would make the revenue-sharing cap permanent, with an annual inflation adjustment.

That is a very consequential provision.

  1. A limited antitrust exemption for television rights

This may be the most important provision for the future structure of college football.

The bill would permit colleges/conferences to create certain collective media-rights arrangements—essentially pooling television and other broadcasting rights and selling them collectively.

Ordinarily, that sort of cooperation among competitors can raise serious antitrust questions.

The bill therefore creates a limited antitrust exemption for qualifying arrangements. One important condition is that at least 75% of Football Bowl Subdivision institutions participate.

In practical terms, Congress is contemplating telling the NCAA/college conferences:

You may cooperate in selling the television product without constantly worrying that the cooperation itself violates antitrust law.

That’s a very different philosophy from the recent NCAA litigation, where restrictions on athletes were repeatedly attacked under antitrust law.

  1. It actually tries to preserve traditional rivalries

This is the part I suspect you, as an Utah football fan, would find particularly interesting.

The legislation contains provisions dealing with conference realignment and preservation of historic opponents.

It specifically addresses situations in which conference realignment has separated traditional rivals and directs covered entities to preserve certain conference opponents and traditional rivalries to the maximum practicable extent.

In other words, Congress is not merely talking about money.

It is implicitly saying:

The commercial transformation of college athletics shouldn’t completely destroy the traditional structure of college football.

That is a pretty remarkable federal-policy statement.

  1. It tries to prevent “pay-for-play” disguised as NIL

This is another important distinction.

The bill protects genuine NIL compensation but contains restrictions against arrangements that effectively circumvent the revenue-sharing rules.

So there is an underlying distinction between:

“Here is $2 million because you are a famous quarterback and we’re going to use your image to sell our product.”

and

“Here is $2 million simply for agreeing to play football for our university.”

The first is NIL.

The second starts looking like direct compensation for athletic services—essentially pay-for-play.

The legislation attempts to draw a statutory line between the two. Critics, however, argue that some of those definitions could be sufficiently vague to produce more litigation.

  1. It says nothing definitive about whether athletes are “employees”

This is an especially important legal point.

The bill contains a provision entitled “Neutrality on employee or non-employee status.”

In other words, rather than definitively declaring:

“College athletes are employees,”

or

“College athletes are not employees,”

the bill largely leaves that question open.

That is significant because employee status is one of the enormous unresolved legal questions in modern college athletics—with implications for minimum wage, workers’ compensation, collective bargaining, NLRA rights, and other employment law.

So who is this bill really trying to protect?

There are competing ways of looking at it.

The supporters’ argument

They would say:

Athletes need certainty.

The old amateur model has collapsed. NIL is here. Universities are now sharing revenue with athletes. Conferences are becoming enormous commercial enterprises. Congress needs to establish a uniform national framework rather than having 50 states, the NCAA, courts and individual conferences making conflicting rules.

That is a fairly powerful argument.

The critics’ argument

The criticism is essentially:

This gives the NCAA and universities too much power while putting limits on the athletes.

Sen. Chris Murphy, for example, has sharply criticized the proposal, arguing that its revenue limitations and proposed NCAA antitrust protection could suppress athlete compensation while protecting the people who run college athletics.

That criticism gets to the central tension in the legislation:

How do you protect college sports without giving the institutions that control college sports the ability to control the athletes economically?

And there’s another bill you may have heard about

The College Athlete Economic Freedom Act, H.R. 4868 / S. 2470, takes almost the opposite philosophical approach.

It would give athletes extraordinarily broad freedom to monetize their NIL, including individual and group NIL agreements, and would prohibit colleges and athletic associations from limiting those opportunities. The Senate version was introduced by Sen. Chris Murphy.

So there are really two competing philosophies in Congress:

Protect College Sports Act College Athlete Economic Freedom Act
Basic philosophy Regulate and stabilize college sports Maximize athlete economic freedom
NIL Protected but regulated Very broad freedom
Revenue sharing Cap/structure it Much less restrictive
NCAA Give it some protection Much more skeptical
Antitrust Limited protection for media arrangements Preserve athletes’ antitrust leverage
Employee question Leave largely open More favorable to athlete rights
Conference structure Tries to preserve stability/rivalries Less emphasis

My short take

The Protect College Sports Act is best understood not as an “NIL bill,” but as an attempt to establish a federal constitution for the post-amateur era of college sports.

It is trying to answer the question that the NCAA, courts and conferences have so far been unable to answer satisfactorily:

What is college athletics supposed to be now that the athletes are unquestionably participating in a multibillion-dollar commercial enterprise?

And I think that’s the really interesting question behind the legislation.

If you’d like, I can also give you a “Utah fan’s version”—i.e., what this bill could mean specifically for Utah, BYU, the Big 12, football revenue sharing, NIL collectives, the transfer portal, and the future of college football conferences.

What I have read in the bill and the various articles is a step forward, but “the at what cost?” Issue is still the hard part to get the hands around.

In all truth, this will still get gamed based on “The Straight Face Rule.” The challenge is going to be how do guardrails get installed when the gaming begins to show the problems?

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Yeah as discussed on another thread, it will never pass in its current form (or anything even close to it).

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The sad truth is that the forces supporting NIL in its current state–all of them big money people–are powerful. Senators and congressman bend the knee to them.

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This is not supposed to be paywalled, but in case it is here is an excerpt.

The Senate recently voted to advance legislation that attempts to impose order on the free-for-all. Men’s football and basketball are now essentially professional leagues, albeit without rules regulating competition. The bidding wars began when the Supreme Court ruled unanimously in 2021 (National Collegiate Athletic Association v. Alston) that NCAA rules aren’t protected from antitrust scrutiny.

Colleges now bid for players like they’re professional free agents. Most NCAA Division I schools have so-called collectives funded by private donors to pay athletes. Some colleges pay athletes directly. Top college football and basketball players can earn upward of $5 million, and smaller schools and conferences are left at a disadvantage.

…

The Senate recently voted to advance legislation that attempts to impose order on the free-for-all. Men’s football and basketball are now essentially professional leagues, albeit without rules regulating competition. The bidding wars began when the Supreme Court ruled unanimously in 2021 (National Collegiate Athletic Association v. Alston) that NCAA rules aren’t protected from antitrust scrutiny.

Colleges now bid for players like they’re professional free agents. Most NCAA Division I schools have so-called collectives funded by private donors to pay athletes. Some colleges pay athletes directly. Top college football and basketball players can earn upward of $5 million, and smaller schools and conferences are left at a disadvantage.

…

The Senate bill would also restrict players from transferring more than once and codify the NCAA’s five-year eligibility limit. It would pre-empt state laws and give the NCAA a narrow antitrust exemption to enforce its rules.

Unions oppose the bill because it doesn’t decree that athletes are employees with collective-bargaining rights, which most colleges oppose. Our bet is that most players also won’t want to unionize and be treated as “employees” once they realize that could mean paying union dues and income taxes on scholarship money.


A political body like Congress is hardly an ideal referee for college sports, but this may be the only way to stop states from exploiting the Supreme Court’s decision. The federal government also has a financial interest in ensuring that colleges don’t become minor professional teams with schools attached.

…

College sports (and their athletes) also benefit from enormous tax subsidies. Revenue from ticket sales and TV broadcasts are exempt from federal tax. Colleges don’t pay property tax on stadiums, which are typically built with tax-exempt bonds. Many states are allocating more taxpayer dollars to public universities so they can recruit players, lest their schools fall behind in the bidding wars.

The Senate looks ready to vote on the legislation on Monday, and expect opponents to shout that colleges will profit off athletes. But if anyone is being exploited now, it’s taxpayers.

https://www.wsj.com/opinion/congress-college-sports-ncaa-bill-f4a9fc7e?st=zNa8FD&reflink=desktopwebshare_permalink

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Wow, the Senate passed it overwhelmingly in a bipartisan manner. This is surprisingly good news.

But…here’s the pessimistic view from AI:

The biggest problem is that the House doesn’t simply share the Senate’s bipartisan consensus on this particular bill.

Several House Republicans have significant objections, particularly:

  • Employee status. The Senate bill deliberately does not say that college athletes cannot be employees. A number of House Republicans want an explicit prohibition.
  • Antitrust protection. Some Republicans think the bill doesn’t go far enough in protecting the NCAA and conferences from antitrust litigation.
  • Private lawsuits by athletes. Some Republicans object to provisions preserving a private right of action.
  • International athletes. A growing faction of House Republicans wants restrictions on the proportion of international athletes on college teams.
  • Conference realignment. Some lawmakers—particularly from Florida—are unhappy with restrictions on conference expansion.
  • HBCU provisions and other funding questions are also generating opposition.

And there’s an interesting political complication: some Democrats also oppose the bill, particularly members of the Congressional Black Caucus and groups such as the NAACP and organized labor. They argue that the bill gives the NCAA too much protection while restricting athletes’ legal and economic rights.

So the House has an unusual coalition problem:

The bill can lose votes from both the conservative right and the progressive left.

The calendar may be the biggest obstacle

This is what makes me particularly cautious.

The House isn’t scheduled to return until November 9, after the November 3 midterm elections. That leaves roughly five weeks before the new Congress convenes January 3.

If Republicans lose the House, the situation becomes even more complicated. A Democratic House might insist on substantial changes, and any House amendment would send the legislation back to the Senate.

And if Congress doesn’t get the bill to President Trump before January 3, the whole legislative process ends and the legislation would have to be reintroduced in the new Congress.

But there are some powerful forces pushing the other way

There is a real path to passage.

President Trump supports the legislation, and that could be enormously important with House Republicans. Speaker Mike Johnson has also indicated that he intends to take up the bill after the election, although he has stopped short of giving an unconditional endorsement.

And the bill has extraordinarily strong support from the college-sports establishment. The Senate committee reported that 24 athletic conferences and 267 colleges and universities had publicly supported it, along with major professional sports organizations.

There is also a very practical consideration: college athletics desperately wants federal legislation to replace the current patchwork of state laws, NCAA rules, court decisions and settlement agreements. That gives universities, conferences and the NCAA a powerful incentive to get something enacted.

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Here’s what the Big 12 said:

“We are encouraged by the continued progress of the Protect College Sports Act and appreciate bipartisan leadership of Chairman Cruz, ranking member Cantwell, and others that has moved this effort forward. The legislation provides a more stable national framework for college athletics, incorporates important transparency measures, and moves our industry closer to a sustainable model that supports student-athletes, institutions, conferences and fans.

“The future of college sports depends on our ability to move beyond uncertainty and toward lasting solutions, and the Protect College Sports Act is an important step in that direction. We look forward to working with lawmakers as the process advances.”

Statements made by the SEC and Big Ten on Monday night and the ACC on Tuesday morning were similar to what the Big 12 said.

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The Senate has long been expected to pass its version, the House is another story. A ton of changes are expected in the House’s version - if it ever sees the light of day there.

BTW the 19 school per conf cap would result in absolute chaos and an endless string of lawsuits.

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I wonder who came up with that cap? It looks like something whose proponents knew they’d have to give up, so they just added it so they could trade in later negotiations. Basic negotiation strategy: don’t start with your best offer.

Hard to imagine the Big Ten and SEC agreeing to a 19 school limit.

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I really don’t like this bill for many reasons. Here are just four.

  1. Now that the athletes are being paid their market value, the NCAA, Admins and coaches want a salary cap so that they can keep most of the loot.

  2. Senators Tuberville and Britt from Alabama got included an amendment that said that NIL money would be included in the salary cap. That is like saying to LeBron, sorry, the money you make in your endorsements counts against our salary cap and so you owe us money.

  3. The anti-trust exemption is a nuclear bomb that isn’t needed.

  4. Cory Booker and Chris Murphy tried to get an amendment through that would also limit coaches salaries. Of course it didn’t make it in, because it would be anti-capitalism to limit their earnings and value.

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I’m genuinely curious. Have creative solutions been proposed that might enable something close to a consensus? Or that simply might be passable in Congress? I only there’ll never be a consensus. Too many competing financial interests.

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I have read either criticism or love for the current bill. I wonder if there is someone out their with enough power to fix the issues. I think you are right that there are just too many competing financial issues for their to be a compromise solution. As far as that goes, I know the House is not the place that will happen. So, hoping for some reconciliation between House and Senate to come to a reasonable and workable solution is not in the cards.

One additional thing I heard, that I don’t know if it is true or not… It is illegal to have a cap on earnings without collective bargaining, and the Universities would NEVER allow unionization.

I imagine, if for some reason, a version of this bill passes the house, it will be in litigation from day 1.

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This is a fantastic article from Will Leitch in the Athletic today. Really nails the whole thing.

Why cheering for a middle-class college football team is more stressful than ever

By Will Leitch

Oct. 6, 2026 5:30 am EDT

“Let me tell you about the very rich. They are different from you and me … They think, deep in their hearts, that they are better than we are because we had to discover the compensations and refuges of life for ourselves. Even when they enter deep into our world or sink below us, they still think that they are better than we are. They are different.” — F. Scott Fitzgerald, “The Rich Boy”

On Saturday night, No. 2 Georgia, winner of national championships in 2021 and 2022, and No. 6 Alabama, winner of national championships in 2009, 2011, 2012, 2015, 2017 and 2020, will play a very important football game. The “College GameDay” crew (and the President) will be there, there will be countless ESPN broadcasts on your television to choose from, it’ll get huge ratings, and we’ll all be yakking about it Sunday morning.

It won’t matter, though, not really. If you are a fan of either one of those teams, if you lose, well, maybe you’ll get a rematch in the SEC title game, or maybe the rematch will come in the College Football Playoff, or maybe you won’t get that chance at a rematch because you’re too busy beating other teams en route to winning another national championship. Georgia and Alabama both have dedicated and fervid fanbases who will gnash their teeth and rend their garments if they lose. But they will also be just fine, no matter what happens. This is a year when they are national title contenders, and if there is ever a year when either isn’t a national title contender, they’ll make the necessary adjustments and steer into their natural advantages to ensure that they become one again. They are, to borrow a phrase from Wall Street, too big to fail.

But if you are not a fan of one of those programs, or Ohio State, Notre Dame, LSU or similarly gilded programs, your game this week, and next week, and the week after, not only matters — they’re all individual referendums. Are you to be taken seriously? Can you punch up and hang with the big boys? Can you take advantage of an opportunity? Do you belong? You get one shot. Don’t blow it. Because you likely won’t get another one.


Last week, former Alabama coach Nick Saban, a once-legendary leader of men whose decision to spend his golden years attempting to sell you insurance and timeshares while hanging out with Ted Cruz and Pat McAfee is basically an argument against retirement as a general concept, said on the set of “College GameDay” that “If I was coaching right now, I’d be trying to get (Mississippi State quarterback) Kamario Taylor to get into the portal.”

Now, coming from Saban — the guy peppering your airwaves with political advertisements attempting to pass legislation that would limit the ability of players like Taylor to have the sort of autonomy of movement that would allow him to make such a transfer in the first place — this is, fair to say, pretty rich. But it’s also telling. Whatever Saban might think of the current state of college football, one thing he understands intimately is Alabama football getting richer and more powerful at the expense of everybody else.

If you did not know any better, the way Saban talks, you might think that Alabama and Mississippi State are in different competitive divisions all together, like Alabama is a top-shelf NBA team and Mississippi State is a lower-class AAU squad with a couple of potential prospects the Tide dip a ladle to fish out every few years. But they are not in different divisions. They are in the same conference. They play each other all the time. In fact, they played every year from 1948 to 2023. Mississippi State is not on a lower tier. It’s on the same tier. One might even call them rivals.

But the world Saban and Alabama — and Kirby Smart and Georgia, and Ryan Day and Ohio State — occupy is not the same world most college football fans and coaches and staff live in. To bring it back to that Fitzgerald quote I obnoxiously started this column with: They are different.

This disparity has always been an issue in college football — during that stretch of uninterrupted games, Alabama had a 65-10-1 record against Mississippi State — but in this new era of the sport, it has turned from a normal sports chasm (every sport has winners and losers) into something that can feel almost existential.

The reason for that, I suspect, is the Pac-12: Specifically, what happened to Washington State and Oregon State.

Washington State and Oregon State are still playing; the Beavers just beat Colorado State so badly that the Rams fired their defensive coordinator during the game. But neither is part of any real conversation about college football anymore. The reason is that when the Pac-12 disbanded — before reconstituting itself this year into a lessened and deformed version of itself — there were no chairs left for the Cougars and Beavers. They went from playing at USC and the Rose Bowl to traveling to San Marcos, Texas, to fill airtime on the USA Network. Washington State and Oregon State football fans still love their team as much as they always did. But they can no longer dream of playing in the Rose Bowl or winning a national title. It’s over. They were left behind.

To see that this could happen to those schools — not because they had bad teams, but simply because they could not draw high enough television ratings — was a Rubicon-crossing moment that no fan of any team that isn’t a blue blood has forgotten. Not only are we second-class citizens but, if they want to, they’ll just cut us out entirely. You no longer must win; you must justify your existence. Or else.

I suspect this is why there has been so much rage at coach Bret Bielema and my alma mater, Illinois, this week.

After Bielema coached the Illini to literally the most games they’ve ever won over a two-year period, Illinois has collapsed in 2026, thanks in part to Bielema’s disastrous decision to bring in longtime Montana coach Bobby Hauck and his 3-3-5 scheme as defensive coordinator. That hire went so poorly that Hauck was already gone, right before Illinois lost at home to Purdue (which hadn’t won a Big Ten game since beating Indiana around the time Curt Cignetti was losing to Air Force in the Armed Forces Bowl) in the worst loss of the Bielema era. The reaction in Champaign has been atomic, and I don’t think it’s because no one is appreciative of what Bielema did to turn the program around. It’s because the last thing Illinois — or any mid-tier Power 4 team — can afford to be is a bottom-feeder.

The direction college football seems to be going, with the consolidation of power in the SEC and Big Ten and, presumably, an eventual even more ruthless sorting of the haves and have-nots, makes being lousy every year (as Illinois has been in football most of my adult life) a potential extinction-level event. Being bad isn’t just unpleasant anymore; it’s dangerous.

This has made the plight of being a fan of a middle-tier Power 4 (really, Power 2) team downright stressful. Not only are you constantly reminded of your status in this life, but you have to fight just to have the right to stay there. It can make even happy seasons unpleasant.

If you’re a Mississippi State fan, this season should be the platonic ideal, even with another loss to, yes, Alabama. The Bulldogs were picked 15th in the SEC preseason media poll, with the athletic director being asked all offseason if he was going to fire the coach … and then they came storming out of the gates with a dominant Big Ten road win at Minnesota, two thrilling wins over SEC opponents South Carolina and Missouri and a quarterback, Taylor, who was topping early Heisman Trophy lists. That’s so fun! That’s what you dream of! But rather than getting to revel in it, you have to listen to Saban — you know, the guy who smoked your team 16 straight years — openly talk about how someone should steal your quarterback. You can’t even enjoy the simple pleasures of a good football team: It always feels teetering on the precipice.

Now, the obvious response to this the rich are not like the rest of us conundrum is, well: Look at Indiana over there. And that’s a pretty good response! The Hoosiers were down there with Illinois and Arkansas and Mississippi State and Purdue (lower, really), and now they’re 32-2 in their past 34 games with some big ole jewelry to wear around the house. But what Indiana has done is a) unprecedented; b) could be entirely due to an inner-circle Hall of Fame coach; and c) a story that is not entirely written yet. Cignetti is 65 years old. He’s signed through 2033, when he’ll be 72 years old, but even if he’s able to keep up that level of success the entire time (and we will see about that), he will eventually leave.

What’s Indiana then? Think about 2035. Assuming we’re all still alive then, sight unseen, not having any idea who is on the roster or who the coach is, do you really think Indiana is going to be a top-tier team then? Don’t you assume — again, judging solely on uniforms alone, considering most of the players on that roster aren’t even teenagers yet — that Georgia and Ohio State and, yes, Alabama are going to be a lot better? Of course you do. It would be absurd not to. And that’s with Indiana having already climbed the mountain. What hope do Mississippi State and Illinois have?

Who gets blamed when college football teams lose now? You, the fans
The solution to every problem in college football and basketball these days? Ask fans for more money. And Congress can’t change that.

There are those who would argue that a 24-team playoff would fix this problem, giving these middle-tier teams more shots at contention. There’s an element of truth to that: As an Illinois fan, it blows my mind to think of us playing in the CFP. But that trick works only once. As the constant expansion of the NCAA basketball tournament has taught us, just getting in loses its juice the second time. If anything, it’ll further secure that second-tier status … particularly if the television ratings for our game are bad.

And so that’s where we are. The top-shelf teams have more than the middle-tier teams and mock them for it, which has always been the case, but they can also pick and choose whom they want to pluck from their rosters, which hasn’t. They can just accumulate more and more power, forever, always flaunting what they have, and what is unattainable to the rest of us. That Alabama-Georgia game on Saturday night is going to be fantastic. But regardless of the final score, it will still be gods doing battle in the skies as we mere humans watch from down below, knowing they are immortal, acutely aware that we are not. Whatever the result, they’ll be fine. It’s the rest of us we should be worried about.

They still think that they are better than we are. The world is constructed to make sure they remain right.

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