---
title: "NCAA Wins Appeal on 5-Year Eligibility Rule"
url: https://www.heregreenwood.com/2026/08/23/ncaa-wins-appeal-eligibility-rule/
date: 2026-08-23T13:12:17+00:00
modified: 2026-08-23T13:12:17+00:00
author: "Jake Kumar"
categories: ["Sports"]
site: "HERE Greenwood"
attribution: "HERE Greenwood"
---

# NCAA Wins Appeal on 5-Year Eligibility Rule

*Source: [HERE Greenwood](https://www.heregreenwood.com/2026/08/23/ncaa-wins-appeal-eligibility-rule/) — August 23, 2026 by Jake Kumar*

The NCAA secured a federal court victory regarding its five-year eligibility rule, though the decision does not fully resolve ongoing roster uncertainties for college sports. A 2-1 ruling by the U.S. 10th Circuit Court of Appeals temporarily halted a lower court order that would have granted thousands of athletes an additional season of eligibility. This appellate decision came on Friday, August 21, 2026.

Despite this win, dozens of other lawsuits and court orders across the country continue to allow players in similar situations to join teams for the upcoming season. Most of these cases involve athletes who graduated high school in 2022, whose college eligibility concluded last season. These players were not covered by the NCAA’s new rule, implemented less than two months ago, which grants most Division I athletes five years of eligibility over five years, but does not take effect until the next season.

Sam Ehrlich, who operates the College Sports Litigation Tracker, noted the numerous state-court lawsuits filed after the initial federal court ruling on July 31, describing them as a precautionary measure. Among the athletes affected are defensive linemen Kellan Wyatt and Stephan Daley, who were part of Indiana’s national championship team last season and decided to return after the lower-court decision. Former Ole Miss starters Dae’Quan Wright, Zxavian Harris, and Wydett Williams also secured a Louisiana state court ruling for another season of eligibility, despite having signed with NFL teams this summer. The judge in the Ole Miss players’ case gave them one week to enter the transfer portal, which for football players is typically only open in January.

The NCAA plans to cite Friday’s ruling in appealing state court cases, as the appeals court agreed the NCAA was likely to prevail in a full hearing, expected in several months. The court also determined the NCAA would suffer more harm than the players if the order was not paused. An Ohio appeals court also paused a similar injunction involving Xavier basketball player Filip Borovicanin and others. However, Ehrlich indicated that outside of these two cases, judges nationwide have largely found the NCAA to be in error regarding the five-year eligibility for the Class of 2022.

Plaintiffs’ attorney Rob Shelquist stated that the appeals court ruling was procedural and did not address the merits of the athletes’ antitrust claims. He affirmed commitment to fighting for college athletes whose opportunities and eligibility have been restricted. Scott Bearby, the NCAA’s chief legal officer, informed schools that they would not face NCAA penalties for allowing players to compete between the July 31 ruling and Friday, but reiterated that those players are no longer eligible. Bearby also confirmed the NCAA would continue to defend lawsuits nationally, acknowledging that Friday’s ruling does not guarantee an end to roster instability.

Future court decisions will weigh the harm to players who lose a fifth year and potential educational or NIL opportunities against the impact on incoming freshmen who committed to schools expecting not to compete against fifth-year seniors. The NCAA, in its legal brief for the appeals case, argued that fairness is subjective, noting that many student-athletes and schools relied on existing rules when building rosters and do not believe it is fair for thousands of formerly ineligible athletes to return for the 2026–27 season.