NCAA sues Ohio gov. over order allowing schools to ignore new eligibility rule
The NCAA filed a federal lawsuit against Ohio Gov. Mike DeWine on Friday, three days after he signed an executive order giving the state's universities the option of allowing athletes who graduated from high school in 2022 to play a fifth year in defiance of the association's new eligibility rule.
NCAA president Charlie Baker said the lawsuit, filed in federal court in Ohio, was an "extraordinary step" designed to prevent DeWine from taking an action that would make it "impossible for all schools to compete on a level playing field."
Under the order, public and private universities in Ohio can allow the Class of 2022 athletes to play, even though the NCAA's new guidance excludes those who have already played four seasons. The rule, passed in June, is the subject of multiple court fights.
"This Complaint seeks to halt a misguided attempt to give Ohio colleges and universities an unfair, unprecedented and unwarranted competitive advantage in stadiums and arenas throughout the country," the introduction to the lawsuit reads. "College sports, like all sports, depend on participants following the rules. [DeWine] is attempting to give Ohio institutions a hall pass to break the rules."
DeWine's office said it was declining comment on the litigation. The NCAA suing a governor is rare but not unprecedented. It won a case in the early 1990s against then-Nevada Gov. Bob Miller over a law there that would have required the NCAA to provide more due process protections in enforcement proceedings.
None of the eight Division I programs in Ohio have commented on DeWine's order, which was also touted by Lt. Gov. Jim Tressel, a championship-winning coach at Ohio State and Youngstown State. The programs include No. 4 Ohio State of the Big Ten, Cincinnati of the Big 12 and six schools in the Mid-American Conference.
DeWine's move was the latest in what has become a daily digest of legal maneuverings that are creating new rules on a state-by-state basis.
In reaction to the governor's move, the Ohio Supreme Court said it would step in and determine the legality of the executive order. As part of that, it paused an appeals court ruling in a case there that had declared the 2022 athletes ineligible. The court asked both sides to file briefs in the case, in which basketball player Filip Borovićanin* is the lead plaintiff, by next Monday.
.
.
.
continued
* he's a basketball player that played his senior year at Xavier and wants a 5th year. Before that he played 2 years at Arizona and 1 year at New Mexico.
Just sayin': If the Congress could pass something maybe we could end all the frivolous lawsuits on student's eligibility to play in college sports.
The Senate passed the Protect College Sports Act (S. 4668) by a 77–22 vote on September 28, 2026. The U.S. House of Representatives is not scheduled to vote on the Protect College Sports Act until after the November 3, 2026, midterm elections, with lawmakers expected to return on November 9, 2026. Speaker Mike Johnson has indicated he will take up the legislation after the midterm elections. The bill faces a complex path in the House due to competing year-end legislative priorities (such as a December 11 government funding deadline), opposition from factions like the House Freedom Caucus and the Congressional Black Caucus, and a preference among House Republicans for their own alternative (the SCORE Act) or changes regarding athlete employment status and international roster limits. If the House does not pass the bill before the current Congress adjourns and the new Congress is sworn in on January 3, 2027, the legislation will expire.
