Also, I don't disagree that schools won't try to sue the group to be included in this new group. FWIW VT was a part of a lawsuit when the ACC announced it was adding Miami, BC, and Syracuse. My statement about the courts may not be involved was implying that a lower federal court may not be willing to hear the case. Even if a lower federal court heard does hear the case, the appellate courts and even the Supreme Court may not be willing to hear the case.

The reason I think it would have to go federal court instead of state court is because the new group would be involved with interstate commerce instead of intrastate commerce. In terms of the DI conferences, there a no conferences that practice intrastate commerce. DII does have 2 conferences; the California Collegiate Athletic Association (CCAA) and the Sunshine State Conference (SSC). DIII has 9 conferences; American Rivers Conference (ARC), Liberty League, Minnesota Intercollegiate Athletic Conference (MIAC), New England Women's and Men's Athletic Conference (NEWMAC), Ohio Athletic Conference (OAC), Skyline Conference, Southern California Intercollegiate Athletic Conference (SCIAC), State University of New York Athletic Conference (SUNYAC), and Wisconsin Intercollegiate Athletic Conference (WIAC).