NCAA Sues Ohio Governor Mike DeWine in Historic Federal Lawsuit Over Fifth-Year Eligibility Executive Order

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In an unprecedented escalation of the ongoing legal battles reshaping collegiate athletics, the NCAA has filed a federal lawsuit against Ohio Governor Mike DeWine. The legal action, lodged in the U.S. District Court for the Southern District of Ohio (Case No. 2:26-cv-01452), challenges Executive Order 2026-04D signed by Governor DeWine.

DeWine’s mandate allows Ohio’s public and private colleges to grant student-athletes who graduated high school in 2022 an additional fifth year of collegiate eligibility, directly bypassing the NCAA’s newly instituted roster and eligibility framework. The lawsuit marks the first time the NCAA has taken direct legal action against a sitting state governor over athletic eligibility regulations.

Legal Warfare: The Governing Body vs. The State of Ohio

In its 39-page federal complaint, the NCAA contends that DeWine’s executive order grants Ohio institutions an “unfair, unprecedented, and unwarranted competitive advantage in stadiums and arenas throughout the country”. The lawsuit argues that the governor’s directive violates the U.S. Constitution and interferes with the governing body’s ability to maintain uniform national standards.

The conflict stems from Division I’s adoption of the Age-Based Eligibility Model, which establishes a strict five-year competition clock beginning at age 19 or upon full-time college enrollment. Because the NCAA’s rule was designed to apply prospectively rather than retroactively, student-athletes whose eligibility expired at the conclusion of the 2025–26 academic year—primarily those who graduated high school in 2022—were excluded from receiving an extra season.

Supported by Lieutenant Governor and former national championship football coach Jim Tressel, DeWine issued Executive Order 2026-04D to protect Ohio student-athletes from losing their final college season.

Athletes in Limbo: Filip Borovićanin and Court Battles

The impact of DeWine’s directive and the NCAA’s counter-suit lands squarely on student-athletes navigating their collegiate careers across Ohio. Xavier Musketeers forward Filip Borovićanin has served as a central figure in the state-level legal battle. Borovićanin, a Class of 2022 high school graduate who posted 10.8 points, 7.4 rebounds, and 4.2 assists per game for Xavier during the 2025–26 season, stands as the lead plaintiff in a parallel state court case.

The Ohio Supreme Court recently intervened to pause a lower court ruling that would have barred Borovićanin and similarly situated athletes from competing while the state court considers briefs on DeWine’s executive order.

“From a coach’s standpoint, every time the NCAA says something, we all shrug our shoulders,” stated Louisville head coach Pat Kelsey when asked about the national rule discrepancies. “We don’t think there are rules right now. That’s why we want guardrails… because nobody knows what is going on.”

National Implications and The Protect College Sports Act

NCAA President Charlie Baker and national collegiate leaders have utilized the lawsuit against DeWine to renew their push for congressional intervention. The NCAA argues that state-by-state executive orders create an unsustainable regulatory landscape for intercollegiate athletics.

Baker reiterated the urgent need for federal legislation, encouraging member institutions to lobby Congress to pass the bipartisan Protect College Sports Act. The proposed federal bill would establish nationwide eligibility standards, insulate NCAA governance from conflicting state executive actions, and eliminate state-level exemptions.

As the U.S. District Court in Columbus considers the NCAA’s request for an injunction to strip Executive Order 2026-04D of legal force, athletic departments at Ohio State, Cincinnati, Xavier, Dayton, and MAC programs remain in regulatory limbo. With basketball season commencing and mid-season college football play underway, the outcome of NCAA v. DeWine will determine whether state governors can unilaterally rewrite collegiate eligibility rules.

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