NCAA Sues Ohio Governor DeWine Over Athlete Eligibility Order

The NCAA filed a lawsuit against Ohio Governor Mike DeWine in federal court in Ohio, escalating a dispute that began three days earlier when the governor signed an executive order giving state universities the option to allow athletes who graduated from high school in 2022 to compete for a fifth college season. The order directly challenges a new NCAA eligibility rule, passed in June, that excludes those athletes from further competition.

NCAA President Charlie Baker described the legal action as an «extraordinary step» intended to prevent DeWine from making it «impossible for all schools to compete on a level playing field.» In its filing, the NCAA accused the two-term Republican governor of trying to give Ohio athletes «a hall pass» from following NCAA rules, arguing that the order creates an «unfair, unprecedented and unwarranted competitive advantage» for Ohio colleges and universities.

The lawsuit marks the latest escalation in a wave of legal maneuvering that is reshaping college sports rules on a state-by-state basis. DeWine's order applies to both public and private universities in Ohio, allowing Class of 2022 athletes to play even though the NCAA's new guidance excludes those who have already played four seasons. The rule itself is the subject of multiple court fights across the country.

The clash quickly drew reactions from across the college athletics landscape. University of Tennessee athletic director Danny White said on social media that «this whole thing has become comical» in response to the NCAA's announcement. Ohio's eight Division I programs have yet to publicly weigh in on DeWine's order, though the measure has received support from Lt. Gov. Jim Tressel, a championship-winning former coach at Ohio State and Youngstown State. The state's Division I ranks include No. 4 Ohio State of the Big Ten, Cincinnati of the Big 12 and six members of the Mid-American Conference.

DeWine's office declined to comment on the lawsuit. While it is unusual for the NCAA to sue a governor, the organization has done so before. In the early 1990s, the NCAA prevailed in a case against then-Nevada Governor Bob Miller over a state law that would have required the association to provide greater due-process protections during enforcement proceedings.

The Ohio Supreme Court has already said it will determine the legality of the executive order. As part of that process, the court paused an appeals court ruling that had declared the 2022 athletes ineligible and asked both sides to file briefs by next Monday in a case where basketball player Filip Borovićanin is the lead plaintiff. Baker said the NCAA did not believe the Supreme Court's order declared those players immediately eligible to compete.

The case, like others around the country, is becoming more urgent by the day as it involves football players along with a handful of basketball players whose status for the upcoming season is in jeopardy. Among them are Gonzaga transfer Javon Bennett, Cincinnati's MJ Collins and Borovićanin himself, who played in an exhibition against Tennessee on Thursday night after DeWine's order put him back on the eligible list.

For years, the NCAA has urged Congress to pass federal legislation that would curb lawsuits challenging its rules, which govern hundreds of thousands of athletes nationwide. The Senate has sent the Protect College Sports Act, which aims to provide that protection, to the House, but its fate remains uncertain in an election year.

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Delaney Sawyer

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Delaney Sawyer covers public affairs, politics, business, culture and daily news for Core Memo. The role focuses on verification, context, and clear explanations for readers.

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