As if the rules surrounding college sports eligibility couldn’t get any more complicated, a federal judge in Colorado granted a nationwide federal injunction last week that rules all high school class of 2022 athletes eligible for a fifth season in 2026-27, regardless of sport. The ruling comes on the heels of the NCAA’s implementation of the “5 for 5” rule, set to take effect in 2027, which effectively puts a hard five-year cap on the careers of college athletes and eliminates redshirts.
As you might expect, this ruling could have quite the impact on the upcoming college basketball season if it’s not overturned on appeal. In North Carolina, a separate lawsuit seeking a temporary injunction was filed on behalf of 52 Division I college basketball players, including prominent names such as NC State’s Darrion Williams and Miami‘s Malik Reneau. With the ruling in Colorado taking effect nationwide, all of those players are currently eligible to participate in the 2026-27 season.
It should be noted, players that have signed pro contracts are currently not eligible to join NCAA rosters.
Another Class of 2022 Five for Five lawsuit has been filed in North Carolina today seeking a temporary and permanent injunction allowing them to play this season.
The plaintiffs, represented by multiple attorneys including Ryan Downton and Mark Peper, are:
Darrion Williams, NC…
— Jeff Goodman (@GoodmanHoops) July 30, 2026
Not So Fast
However, there are some guardrails. Charlotte M. Sweeney, the ruling judge, made it clear that her injunction does not overrule NCAA rules on transfers, roster caps, and revenue caps. Essentially, that means any player who became eligible with the injunction but did not yet enter the transfer portal will be unable to do so and will only be able to return to their previous school. For players who didn’t enter the portal and now no longer have their old roster spot, that would obviously spell the end of their respective collegiate career, unless the same school dumped a current player to make a roster spot for the 2022 fifth-year athlete.
“The NCAA’s clarification motion largely seeks clarification of the Court’s preliminary injunction order on the basis of what it did not mention–e.g., the House settlement agreement (beyond the Court’s release analysis), roster caps, and transfer rules. The Court did not mention these things because it did not enjoin them.”
NCAA Response to Federal Injunction
The NCAA, of course, is pursuing the appellate process and seeking a stay of the federal order. In a message sent to NCAA members following the ruling, chief legal officer Scott Bearby further clarified what the ruling currently means while making the NCAA’s intentions crystal clear.
“The District Court of Colorado has granted the NCAA’s motion to clarify the injunction and make clear that the House Settlement’s roster limits and benefits cap remain fully in effect,” Bearby wrote. “According to the Court’s order, class members’ eligibility to participate will be determined by application of the age-based eligibility rule in other words, they must be within five years of when they first enrolled at any college or turned 19, whichever occurred earlier. All other NCAA eligibility rules, including rules regarding professional participation, remain in effect; as the Court made clear, it was not ruling on any Bylaws not presented to the Court. We now intend to pursue the appellate process and seek a stay of the Court’s order as soon as possible.”
In a second message to NCAA members on Tuesday, Bearby provided further details on the NCAA’s legal response. Specifically, Bearby explained that the NCAA will ask the Tenth Circuit for an administrative stay.
Further Response
“Today, the Wisne plaintiffs filed a motion before the same judge to relitigate some of these issues,” Bearby wrote. “We intend to oppose their efforts to do so. At the same time, we are moving forward with the appellate process. Sunday night the notice of appeal was filed with the Tenth Circuit, as well as a motion asking the Colorado judge to stay her injunction during the appellate process. The NCAA is required to file this stay motion initially with the trial judge. The judge set a schedule under which the parties will exchange briefs between now and next Monday, August 10, with a decision to follow soon after.
The latest NCAA memo from Chief Legal Office Scott Bearby that was just sent to NCAA membership pic.twitter.com/cc35uu8LOR
— Ben Portnoy (@bportnoy15) August 4, 2026
“We will try to expedite this process as much as possible. If the judge denies our motion for a stay, the NCAA will immediately ask the Tenth Circuit to enter a stay pending appeal, including a request of the Tenth Circuit for what is known as an “administrative stay,” which is an order pausing the injunction temporarily while the court decides whether to pause it for the duration of our appeal. If any of our stay motions are granted, we will return to the status quo before Wisne, with the age-based eligibility rules being implemented as the membership intended.”
NCAA’s “Lobbying” Effort?
The outcome of this latest spat between the NCAA, class of 2022 players and the federal courts is still very much in the air, all things considered. It’s clear the NCAA is determined to exhaust all legal options to get their way. Another angle to this eligibility mess is the lobbying effort this 5 for 5 rule may have created intentionally (or even unintentionally).
Was a class of victims (2022 group) created on purpose so the group could win a TRO and the NCAA lose in court to expedite the selling of a federal, bipartisan bill in Congress? Will this court chaos push the Protect College Sports Act of 2026 voting results in the NCAA? That bill gets its Senate vote this week.
Some feel that was the purpose of excluding the Class of 2022, while others don’t feel that way about the NCAA’s mounting court losses. What the NCAA ultimately wants is federal NIL regulations and a limited antitrust exemption so the organization’s bylaws on transfers and spending have teeth. Right now they obviously don’t.
Either way, we are in store for another chaotic end to the college basketball offseason.
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