This morning, at the direction of the NCAA Board of Governors and Division I Board of Directors, the NCAA took the extraordinary step of suing the Governor of Ohio. This action was necessary following the Governor’s issuance of an Executive Order that attempts to compel Ohio colleges and universities to ignore NCAA eligibility rules to the disadvantage of thousands of student athletes and institutions across the country.
The lawsuit, filed in the United States District Court for the Southern District of Ohio, seeks injunctive and declaratory relief for three independent grounds. First, the Executive Order unlawfully burdens interstate commerce in violation of the Commerce Clause in the US Constitution by improperly conferring an advantage on Ohio in-state institutions. It also violates the First Amendment by purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the NCAA’s rules. Finally, the Executive Order violates state law. I know something about this. Governors are expected to turn square corners and act within their authority. The Executive Order is unlawful because 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.
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. While we are confident our complaint will succeed in federal court, the answer to this state-by-state and court-by-court race to the bottom is the bipartisan Protect College Sports Act. I encourage every NCAA member to contact their Representative in Congress to pass this bill now so college athletes can be sure they’re playing with the same rules as their opponent.
The NCAA respects and honors the accomplishments of athletes whose eligibility expired in the 2025–26 academic year, and wishes them all the best in the future. But allowing them to return for an unexpected fifth season of competition would give them a benefit they never reasonably could have expected, to the detriment of thousands of eligible student-athletes who have been waiting for their opportunity to compete. Those student-athletes just as much deserve a voice and protection through the judicial process.
Separately, questions have been raised about the Ohio Supreme Court’s recent order in the Borovicanin case. We look forward to answering the Ohio Supreme Court’s questions on Monday, as ordered. In the meantime, the NCAA does not believe the Ohio Supreme Court declared the Borovicanin plaintiffs immediately eligible to compete. The Ohio First District ruled they are not, consistent with the approach of virtually every appellate court that has stayed similar injunctions. In the ordinary course, the Ohio First District would have sent an order, called the “mandate,” to the trial court instructing it to vacate the injunction. The plaintiffs asked the Ohio Supreme Court to stay the issuance of the mandate, and to explicitly reinstate the trial court’s injunction. The Ohio Supreme Court stayed the mandate but did not reinstate the injunction. The injunction therefore remains stayed. Schools that read the order differently bear the risk of that interpretation.
Thank you for your continued leadership and advocacy on behalf of student-athletes and the future of college sports.
Learn more about the Protect College Sports Act.
