NCAA sues Ohio Gov. Mike DeWine over order letting colleges ignore its eligibility rules

The NCAA has sued Ohio Gov. Mike DeWine in federal court to block an executive order that tells Ohio colleges not to enforce NCAA eligibility limits on athletes who started college in 2022.

The lawsuit, filed Friday, Oct. 16, in the U.S. District Court for the Southern District of Ohio, seeks declaratory and injunctive relief, NCAA President Charlie Baker said. Baker said the NCAA "took the extraordinary step of suing the Governor of Ohio" at the direction of its Board of Governors and Division I Board of Directors.

What the order says

DeWine issued Executive Order 2026-04D on Oct. 14, according to the NCAA's complaint. As quoted in the complaint, it says no Ohio public or private college "shall uphold any rule, requirement, standard, or other limitation that prevents a student-athlete of that institution or college in the Class of 2022 from fully participating in intercollegiate athletics in the 2026–27 academic year," regardless of whether the athlete has already played four seasons or used up eligibility under prior NCAA rules.

The order says recent NCAA eligibility changes "uniquely and unfairly impact student-athletes who started college in 2022," and notes that some athletes elsewhere have won court orders letting them play, according to the complaint.

The NCAA's argument

The NCAA argues the order violates the Constitution's Commerce Clause by giving Ohio schools an advantage, violates the First Amendment, and exceeds the governor's authority under state law.

"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 wrote.

The complaint says about 340 athletes nationwide are currently allowed to compete under court orders, which it calls a small minority. Baker urged NCAA members to back the Protect College Sports Act in Congress.

The background

In June 2026, NCAA Division I members adopted an "Age-Based Eligibility Model" that gives athletes five years of eligibility starting with full-time college enrollment or the academic year after their 19th birthday, whichever comes first, according to the complaint. It allows no waivers to extend the clock, with limited exceptions for pregnancy, religious missions and active-duty military service, the complaint says.

The suit is part of a wider legal fight in Ohio. The Ohio Supreme Court has said it will consider the order's legality and asked both sides in a separate case, led by basketball player Filip Borovicanin, to file briefs by Monday, the AP reported. Baker said the NCAA will answer the court's questions and argued that a lower-court injunction in that case remains on hold.

DeWine's stated reasoning is set out in the order itself, as quoted in the complaint. His office did not immediately respond to an AP request for comment on the lawsuit. The AP reported that DeWine signed the order three days before the suit; the complaint dates it Oct. 14.

Why it matters

The case tests whether a state can override a national athletic association's eligibility rules for its own schools. The NCAA suing a governor is rare but not unprecedented; it won a case in the early 1990s against then-Nevada Gov. Bob Miller, the AP reported.