NCAA sues Ohio governor over his executive order allowing schools to ignore new eligibility rule

The NCAA has filed a federal lawsuit against Ohio Governor Mike DeWine, alleging that his executive order granting fifth-year eligibility to certain athletes violates the U.S. Constitution and NCAA rules. The 41-page complaint, filed in the U.S. District Court for the Southern District of Ohio, claims DeWine's order gives Ohio colleges an "unfair, unprecedented and unwarranted competitive advantage."

The lawsuit asserts that DeWine's directive instructs in-state colleges to disregard NCAA eligibility rules by permitting Class of 2022 athletes a fifth season of eligibility. The NCAA argues that the order is unlawful for three main reasons: it violates the Commerce Clause by attempting to reshape nationwide competition, undermines the NCAA's First Amendment rights, and is unlawful as Governor DeWine lacks authority to order athletes to be rostered.

The complaint emphasizes that the order will create an uneven playing field, harming both Ohio student-athletes who are ineligible and those outside Ohio who face competitive disadvantages due to following the rules.