The NCAA sued Ohio Gov. Mike DeWine in federal court on Friday. Three days earlier, DeWine signed an executive order that lets Ohio colleges give a fifth season to athletes who graduated high school in 2022. In June, the NCAA moved to a new rule that gives athletes five seasons in five years. That rule left out the class of 2022, who had already played four seasons. The NCAA says leaving them out hurt fewer people than pushing out incoming recruits. The NCAA has sued a governor before. In the early 1990s, it won a case against Nevada Gov. Bob Miller. Ohio's Supreme Court is also weighing the order. Briefs are due Monday at 5 p.m. None of Ohio's eight Division I schools has commented publicly. DeWine's office declined to comment on the lawsuit.

Ohio Is Fixing a Rule That Shut One Class Out

Ohio's leaders say the class of 2022 got caught in a rule change and deserves the same shot as everyone else.

The class of 2022 deserves the same shot as everyone else. DeWine said in a statement that "when the rules change, fairness has to remain part of the equation." He said "principles of fairness require that Class of 2022 student-athletes be given a fifth year to compete." He also said, "We want Ohio's student-athletes to have the same opportunity as student-athletes in other states."

These athletes can't wait on Congress. DeWine argued that it's unfair to deny the class a season while the federal college sports bill is still waiting in the House. That bill is the Protect College Sports Act. The Senate passed it 77-22 in September.

A famous coach backs the order. Lt. Gov. Jim Tressel won national titles as head coach at Ohio State and Youngstown State. "It's important we do not deprive our current student-athletes of the same opportunities enjoyed by their peers," he said.

But One Governor Can't Rewrite the Rules for Every School

The NCAA says Ohio is handing its own schools an edge, and that Congress should settle this.

Every other school loses when one state gets an exception. NCAA President Charlie Baker called the lawsuit an "extraordinary step." He said the NCAA filed it to stop DeWine from making it "impossible for all schools to compete on a level playing field." The 41-page complaint says the order gives Ohio schools a "hall pass to break the rules." It also says "college sports, like all sports, depend on participants following the rules."

The schools agreed to these rules. The complaint says "Governor DeWine lacks the authority to permit Ohio colleges and universities to disregard the rules" they signed up for. It argues the order breaks the Commerce Clause by favoring Ohio schools. It also makes a First Amendment claim. Earlier in the week, Baker put it more simply. "The Governor of Ohio cannot legislate NCAA eligibility rules," he said. He said one official writing rules to help his own schools is "a terrible way to run athletic competitions."

Only a federal law can set one rule for every state. The NCAA called the fight a "state-by-state and court-by-court race to the bottom." It said the answer is the Protect College Sports Act, which would shield NCAA rules from lawsuits.

And Nobody Can Make a Ruling Stick

Coaches and some observers say nobody has the power to settle who gets to play.

Coaches can't plan when the rules keep moving. Louisville basketball coach Pat Kelsey testified in a Kentucky court on Wednesday for players seeking a fifth year. "We want the chaos to end, because nobody knows what the crap's going on," he said. He said the answer is to "let this entire class have their fifth year." "It's a no-brainer. We need freaking rules," he said. Even the NCAA's lawyer agreed there is "absolutely chaos." He said the only way to get consistent outcomes is "to rule all of these players ineligible."

The order mostly sends a message. Political scientist Kyle Saunders wrote Friday that the order "probably can't do what it says on its own, but it really didn't need to." He said it "reads like a command and then works like a permission slip." He wrote that "of everyone now claiming a say, nobody can make an answer stick on a question as basic as, well, who gets to play." He doubts the federal bill would change much for the class of 2022.

Players are already on the court. Xavier forward Filip Borovicanin, the lead plaintiff in the Ohio case, played in an exhibition at Tennessee on Thursday. The NCAA and the Cincinnati Enquirer disagree on whether the Ohio Supreme Court's stay made him and the other players eligible.

Where This Lands

DeWine and Tressel say the NCAA's rule change shut out the class of 2022. They say Ohio is giving it a fair shot back. Baker and the NCAA say one governor can't hand his state's schools an exception, and that Congress should set one rule for everyone. Kelsey wants the whole class cleared just to end the confusion. Saunders says nobody in the fight can make an answer stick. Ohio's Supreme Court gets briefs Monday at 5 p.m. Xavier and Cincinnati open their seasons Nov. 2.

Sources