SAN FRANCISCO (AP) — An attorney for the NCAA says a ruling that opened the door for college football and basketball players to be paid goes against previous court rulings, including a 1984 U.S. Supreme Court decision.

The NCAA is appealing a decision last year that the organization violated antitrust laws by limiting student-athlete compensation.

Seth Waxman told a three-judge panel of the 9th U.S. Circuit Court of Appeals on Tuesday that courts have never said the rules meant to protect student-athletes’ amateur status violated antitrust law. He cited a 1984 Supreme Court ruling that said athletes must not be paid in order to preserve the character and quality of college athletics.

Plaintiffs’ attorney Michael Hausfeld told the appeals court the Supreme Court’s comment about paying athletes was made in passing and was not integral to the outcome of that case.