Josh Pate reminds that dropping G5 teams from College Football Playoff is 'quite literally illegal'

Amongst the comments and concerns about this expanded format of the College Football Playoff, one of the biggest criticisms is the inclusion of the berth, or even berths in some cases, of the Group of Five. Josh Pate, though, had to remind everyone this morning that they’re legally not allowed to be excluded from the field for the CFP.

Pate discussed that point while appearing live on ‘Get Up’ on Thursday. In response to an opinion by Taylor Lewan that the Group of Five, besides teams which are undefeated in a given season, which he apologized for in saying despite feeling “big boy football” is being played, Pate had to remind those at the desk that, due to anti-trust law, and in this format, there literally cannot be an exclusion of those in the Group of Five.

“The Group of Five will always be in under the current structure because it is quite literally illegal to not have them in due to anti-trust,” Pate stated. “You’re talking about logic and, like, defining competition versus sustaining the G5. It’s really an umbilical cord of finance that makes them hang on.”

The Group of Five has been a topic of discussion since the College Football Playoff was expanded, with the first edition of that field coming last season in 2024. It was built in to allow the five highest-ranked conference champions into the bracket, with that expected to be going to the title winners of each league in the Power Four and one, now, especially since the end of what we knew as the Pac-12, from the Group of Five.

Last season, Boise State (12-1) was the representative after winning the Mountain West, as they were already rated in the Top-10 in the final rankings for the CFP. That actually, with the low rating of the eventual champion from the ACC in Clemson, would earn the Broncos a bye, as they’d lose to Penn State in their quarterfinal game in the playoff at the Fiesta Bowl by a final score of 31-14.

However, this season, there’s a world where two teams could get in from the G5. Again due to the state of the Atlantic Coast Conference, the current projections have the winner of the American Championship, whether No. 24 North Texas (11-1) or No. 20 Tulane (10-2), ending up in the CFP, while No. 25 James Madison (11-1) out of the Sun Belt could also find their way into the College Football Playoff. That makes it especially frustrating for some fanbases, as there’s a large debate already among the last of the at-larges, with some very big brands in the sport involved, and it’s further complicated by the necessary inclusion of one, and what may end up being two, champion(s) from the Group of Five.

Again, it’s a complicated topic, as a championship opportunity in college football can’t just be limited to those in the SEC, Big Ten, Big 12, or ACC. That said, ESPN’s Mike Greenberg did make the point that, when it comes to college brackets and their circumstances, the mid-majors in the College Football Playoff are not necessarily the same as the mid-majors in the NCAA Tournament.

“It is different. It’s a different sport,” Greenberg commented. “College basketball? Many of us believe the texture of that tournament comes from letting the mid-majors compete and see what they can do. But this is different, because that is 68 teams and this is only 12.”

We’ll need more seasons of data and results to determine what the playoff spot can actually represent to those from the Group of Five. Even so, as for just taking them out altogether, Pate wanted to remind everyone that it’s not exactly an option as far as the CFP.