On October 16, 2026, the NCAA filed a federal lawsuit against Ohio Governor Mike DeWine after he issued Executive Order 2026-04D allowing state universities to grant a fifth year of eligibility to 2022 high school graduates. The NCAA argues DeWine's order violates the U.S. Constitution and creates an unfair competitive advantage. The dispute leaves several college basketball players in eligibility limbo while the Ohio Supreme Court intervenes.
NCAA lawsuit against Governor DeWine
- ▪The NCAA filed a lawsuit on October 16, 2026, in federal court against Ohio Governor Mike DeWine over an executive order directing universities in Ohio to ignore NCAA eligibility rules.
- ▪NCAA President Charlie Baker described the federal lawsuit against Governor Mike DeWine as an extraordinary step to prevent Ohio institutions from obtaining an unfair competitive advantage.
- ▪The NCAA asserted in its federal complaint that under Ohio state law, changes to university eligibility rules must originate from the state legislature rather than an executive order by the governor.
- ▪In its 71-page federal filing, the NCAA argued that Governor Mike DeWine's executive order violates the Commerce Clause and First Amendment associational rights by granting in-state Ohio schools an unfair competitive advantage.
Governor DeWine's executive order
- ▪Ohio Governor Mike DeWine issued Executive Order 2026-04D on October 14, 2026, allowing public and private Ohio universities to grant a fifth year of eligibility to athletes in the 2022 high school recruiting class.
- ▪Governor Mike DeWine issued Executive Order 2026-04D two weeks after an Ohio appeals court rejected a lawsuit by college athletes who had exhausted their eligibility.
Ohio Supreme Court review
- ▪The Ohio Supreme Court agreed to review the legality of Governor Mike DeWine's executive order and paused an appeals court ruling that had declared 2022 recruiting class athletes ineligible.
- ▪The Ohio Supreme Court directed all parties in the eligibility lawsuit led by Xavier basketball player Filip Borovićanin to submit legal briefs by October 19, 2026.
Impact on college basketball players
- ▪College basketball players Gonzaga transfer Javon Bennett, Cincinnati's MJ Collins, and Xavier's Filip Borovićanin face eligibility uncertainty for the upcoming 2026 season due to conflicting court rulings.
- ▪Xavier men's basketball player Filip Borovićanin played in an exhibition game against Tennessee on October 15, 2026, after Governor Mike DeWine's executive order temporarily restored his eligibility.
NCAA Age-Based eligibility rules
- ▪The NCAA adopted a new Age-Based Eligibility Model in June 2026 that grants athletes five years of eligibility tied to age or enrollment, but explicitly excludes athletes whose eligibility expired in 2025-26.
- ▪The NCAA excluded the 2022 high school graduating class from its five-year eligibility rule to prevent incoming high school recruits from being displaced by fifth-year veteran players.
Federal college sports legislation
- ▪The NCAA has long called for federal legislation to curtail lawsuits that undermine its eligibility rules for college athletes across the country.
- ▪The United States Senate sent the Protect College Sports Act to the House of Representatives to establish national standards for college athlete eligibility.
Story comments
Loading comments…