NCAA Sues Ohio Governor Mike DeWine Over Fifth-Year Eligibility Order

The NCAA has broken new ground in collegiate athletics, filing a federal lawsuit against Ohio Governor Mike DeWine. It is the first time in collegiate sports history that the NCAA has filed a lawsuit against a sitting state governor, a move intended to block an executive order that allows the state’s universities to challenge the NCAA’s eligibility ruling for fifth-year athletes.

A Constitutional Collision in Ohio

The 41-page complaint, filed Friday, strikes at the heart of state authority. The NCAA argues that Governor DeWine lacks the authority to permit Ohio colleges and universities to disregard the rules they have agreed to follow by rostering ineligible student-athletes. The governing body asserts that the order violates the Commerce Clause of the U.S. Constitution by improperly conferring an advantage on Ohio in-state institutions and unlawfully burdening interstate commerce. Furthermore, the NCAA claims the order violates the First Amendment by allowing Ohio universities and schools to circumvent NCAA rules.

The Breakdown of Eligibility Standards

At the center of the friction is the NCAA’s five-year, age-based eligibility model, which applies to the class of 2023. Athletes from the class of 2022 lost lawsuits seeking another year of eligibility, resulting in injunctions across multiple sports. The NCAA contends that DeWine’s order creates a regulatory environment that disrupts the uniformity of college sports. Ohio State football coach Ryan Day and basketball coach Jake Diebler stated in August that they would make roster decisions in the best interest of their teams.

A Retrospective Regulatory Dispute

The current situation represents a clunky effort by the organization to address past antitrust violations. The NCAA could have potentially avoided this litigation by making the five-year rule retroactive for the class of 2022. Instead, the legal battle now pits the governing body directly against the state’s executive office, inviting additional legal fees on top of millions already spent.

Statewide Support for Extra Eligibility

Governor DeWine signed the executive order, backed by the support of all eight Division I programs in Ohio. It’s important we do not deprive our current student-athletes of the same opportunities enjoyed by their peers, Lt. Gov. Jim Tressel told ESPN regarding the measure.

Seeking Injunctive Relief

The NCAA is currently seeking injunctive and declaratory relief for three independent grounds to prevent the state of Ohio from enforcing the order. As the litigation moves forward, the long-term impact on roster management remains the central point of uncertainty in a legal battle that challenges the limits of state intervention in collegiate sports.