The battle over college athletes’ eligibility is heading to federal court after Ohio’s governor issued an executive order challenging the NCAA’s restrictions.
The NCAA is suing Ohio Gov. Mike DeWine over an executive order that gives Ohio colleges and universities the option to allow student-athletes from the high school Class of 2022 to compete for a fifth season.
Filed Friday, October 16, 2026, in federal court in the Southern District of Ohio, the lawsuit challenges DeWine’s authority to override the NCAA’s eligibility rules. NCAA President Charlie Baker says allowing individual governors to change eligibility requirements could undermine competitive fairness across college sports.
“If state courts—or governors—can unilaterally change the rules to give certain schools competitive advantages, it will become impossible for all schools to compete on a level playing field,” Baker said in a statement.
Why Is the NCAA Fighting Ohio’s Executive Order?
The dispute stems from the NCAA’s new eligibility model, adopted in June 2026, which generally gives athletes five years to compete within a five-year eligibility window tied to age or college enrollment.
However, the NCAA’s implementation guidance excludes athletes from the high school Class of 2022 who have already completed four seasons of competition from receiving a fifth year under the new framework.
That decision has triggered legal challenges from athletes seeking another season to compete, earn name, image and likeness (NIL) income, and potentially benefit from the growing revenue opportunities in college athletics.
DeWine signed Executive Order 2026-04D on October 13, giving Ohio’s public and private colleges and universities the option to allow otherwise eligible Class of 2022 athletes to compete while legal challenges continue.
The governor has argued that athletes should not lose opportunities simply because of how the NCAA implemented its revised eligibility rules.
What Is the NCAA Asking the Court to Do?
The NCAA wants a federal judge to declare DeWine’s executive order unlawful and prevent his administration from enforcing it.
The organization argues that the order could give Ohio schools an unfair recruiting and competitive advantage over programs in other states that remain bound by the NCAA’s eligibility restrictions.
Baker has also urged Congress to pass the bipartisan Protect College Sports Act, which the NCAA supports as a way to establish more consistent national rules for college athletics.
What Happens Next?
The lawsuit adds another layer to an expanding series of legal battles over the eligibility of athletes who graduated from high school in 2022.
The outcome could affect athletes pursuing additional seasons, college programs making roster decisions, and the NCAA’s ability to enforce uniform eligibility standards nationwide.
For now, the legal fight remains unresolved. The NCAA’s lawsuit challenges the governor’s authority, while DeWine’s order reflects his position that Ohio athletes should have an opportunity to compete as the broader eligibility dispute moves through the courts.
The bigger question: Who should have the final say over college sports eligibility—the NCAA, state officials, or the courts?
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