Last week we wrote about Ohio Gov. Mike DeWine signing an executive order that lets the state's colleges play athletes from the high school class of 2022 for a fifth season. The NCAA didn't wait long to answer. On Friday, Oct. 16, three days after the order was signed, it sued DeWine in federal court in Ohio.
It's a rare move. The NCAA, or a conference, almost never sues a state politician. It isn't unprecedented, though: in the early 1990s the NCAA won a case against then-Nevada Gov. Bob Miller over a state law that would have added due process protections to NCAA enforcement proceedings.
What the order does
The fight is over the NCAA's age-based "5-in-5" eligibility rule, passed in June. The NCAA chose not to grandfather in the 2022 recruiting class, so players who have already played four seasons are left out. That decision set off a wave of state and federal lawsuits from players looking for one more year.
DeWine's order lets public and private universities in Ohio allow those Class of '22 athletes to play anyway. Lt. Gov. Jim Tressel also promoted it. Ohio has eight Division I programs: Ohio State, Cincinnati and six Mid-American Conference schools. None of them had publicly commented on the order.
What the NCAA is arguing
NCAA President Charlie Baker called the lawsuit an "extraordinary step," aimed at keeping DeWine from making it "impossible for all schools to compete on a level playing field."
The filing makes a few big claims:
- It's unconstitutional. The NCAA argues the order violates the U.S. Constitution, and says a state can't pass laws designed to reshape national competition by handing advantages to its own schools.
- It's a competitive edge. The NCAA says it wants to stop a "misguided attempt to give Ohio colleges and universities an unfair, unprecedented and unwarranted competitive advantage."
- Rules are rules. The suit accuses DeWine of giving Ohio schools a "hall pass to break the rules," and it leans on a youth-sports comparison about every sport having rules that must be followed.
DeWine's office declined to comment on the litigation. DeWine, a two-term Republican and former state attorney general, can't run again this fall because of term limits.
The Ohio Supreme Court is in it, too
The lawsuit lands on top of a case already moving through Ohio's courts. The Ohio Supreme Court said it will decide whether the executive order is legal, and it paused an appeals court ruling that had declared the Class of '22 athletes ineligible. That case is led by Xavier basketball player Filip Borovicanin, and the court asked both sides to file briefs by Monday.
It's not just a paperwork fight. Players in the middle of it include Gonzaga transfer Javon Bennett and Cincinnati's MJ Collins, and Borovicanin played in an exhibition against Tennessee after DeWine's order restored his eligibility. Baker said the NCAA doesn't believe the Supreme Court's order actually made those players immediately eligible.
Coaches say nobody knows the rules
Ohio isn't the only front. In Louisiana, a court granted basketball player RJ Luis eligibility, but LSU hasn't put him on its roster, and the SEC is suing LSU to make it follow the conference's policy. The NCAA's own filing admits the results of the lawsuits have been mixed and says they "unquestionably destabilized college sports."
Coaches feel it. Testifying in a Kentucky case last week, Louisville coach Pat Kelsey said coaches want "guardrails" and for "Congress to act." Tennessee athletic director Danny White put it more bluntly on social media, calling the whole situation comical.
What it means for fans
For fans, the practical question is simple: who's going to be on the court or the field this season? Right now the answer can depend on which state a school is in and which judge ruled last. The NCAA has long pushed for a federal law that would curb lawsuits like these. The Senate sent the Protect College Sports Act, which includes that protection, to the House, where its future is uncertain in an election year. Until something settles it, expect more filings, more rulings and more roster uncertainty.