NCAA sues Ohio Gov. Mike DeWine over executive order on fifth-year players

The 41-page complaint challenges the Ohio governor's legal ability to restore eligibility to fifth-year athletes

Oct 16, 2026 at 11:25 am ET • 1 min read

For the first time in collegiate sports history, the NCAA has filed a lawsuit against a sitting state governor.

Three days after Ohio Gov. Mike DeWine signed an executive order to allow the state's universities to challenge the NCAA's eligibility ruling for fifth-year athletes, college sports' governing body is fighting back.

NCAA president Charlie Baker announced Friday that the organization has filed a lawsuit against the governor of Ohio seeking "injunctive and declaratory relief for three independent grounds." 

The 41-page filing argues that DeWine's 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" and violates the First Amendment by allowing Ohio universities and schools to circumvent NCAA rules.

The NCAA also argues "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 NCAA altered its eligibility standards earlier this year with its five-for-five decision, an age-based model. Many athletes from the 2022 class lost lawsuits seeking another year of eligibility, resulting in injunctions across multiple sports.

Ohio State basketball coach Jake Diebler and football coach Ryan Day said in August they would both make roster decisions in the best interest of their teams.

There are eight Division I programs in Ohio, and all reportedly backed DeWine's executive order to challenge the NCAA's eligibility rules.

"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.