The U.S. Court of Appeals for the Tenth Circuit delivered a major victory to the NCAA on Friday by reversing a lower-court order and vacating a preliminary injunction that had granted athletes from the high school graduating class of 2022 a fifth year of eligibility.
Tenth Circuit Overturns Injunction in Wisne v. NCAA
Friday’s ruling in Wisne v. NCAA deals with the association’s implementation of an age-based eligibility model introduced in June, which provides athletes with five years to compete in up to five full seasons. The policy originally left out athletes who had already exhausted four seasons under previous guidelines, bringing legal challenges from the Class of 2022, including former Northern Colorado basketball player Brock Wisne and Minnesota Gophers forward Cade Tyson.
At Penn State wrestling media day, coach Cael Sanderson was asked about the likelihood that 2-time NCAA champ Levi Haines gets a 5th year of eligibility. “I don’t know,” Sanderson three times before asking the NCAA to enforce its rules. pic.twitter.com/Bb4ABmIXcl
Writing for the three-judge panel, U.S. Circuit Judge Carolyn McHugh concluded that the plaintiffs failed to properly define the relevant labor market for college athletes under the Sherman Act. The court rejected the argument that all Division I athletes form a single market, with McHugh noting that a football player seeking a roster spot would not view schools lacking a football program as valid substitutes. McHugh observed that a women’s volleyball player does not explore what she might earn by selling her labor to a women’s lacrosse team because it is not a reasonably good substitute. This initial step of antitrust analysis halted the plaintiffs’ case without requiring the court to evaluate the remaining steps of the rule of reason. Previously, U.S. District Judge Charlotte N. Sweeney had ruled in favor of the class by granting a nationwide injunction from the U.S. District Court for the Northern District of Colorado. The NCAA subsequently requested a stay, which the Tenth Circuit Court granted on August 21.
NCAA Chief Legal Officer Criticizes Serial Lawsuits
In a memo sent to association members on Friday, NCAA Chief Legal Officer Scott Bearby welcomed the decision while criticizing ongoing legal maneuvers by affected athletes.
There aren’t many better senior prospects in this years NBA Draft than 6’7 Minnesota Wing Cade Tyson. Tyson has been one of the most efficient players in college basketball this season averaging 22/5/3 on 53/41/83 splits and is top 5 in High Major scoring. Tyson’s ability to… pic.twitter.com/VxgLfujcyx
Today, the U.S. Court of Appeals for the Tenth Circuit reversed the district court’s order granting a preliminary injunction in Wisne v. NCAA and vacated the injunction in full
Scott Bearby, NCAA Chief Legal Officer
Bearby stated that the ruling is consistent with the approach taken by every federal court of appeals
in similar eligibility disputes. He added that the decision also acknowledges the NCAA’s concern that retroactively changing eligibility rules can destabilize rosters and disrupt the settled expectations of student-athletes regarding roster spots and playing time.
Bearby further criticized that while the appeals court decision is appreciated, injunctions entered by district courts have generated chaos for the 2026-27 season, noting that membership decisions regarding age-based eligibility were clear and unanimous and expressing disappointment that a minority of schools continue supporting efforts to flout rules they agreed to follow. The association adopted its rules through a deliberative governance process involving member institutions, conferences, and student-athlete representatives.
Federal Ruling Leaves Hundreds of State Athlete Cases Unresolved
The federal appeals court ruling provides clarity at the federal level, but it leaves approximately 200 state-level cases involving up to 850 athletes unresolved. Athletes such as Texas Tech quarterback Thomas Castellanos have previously toggled on and off rosters depending on interim state and federal court orders. Following the initial rule changes and subsequent legal battles, similar eligibility cases played out in state courts across Kentucky, Arizona, and Ohio.
The decision carries direct consequences for programs like Penn State wrestling. Two-time NCAA champion Levi Haines will likely remain ineligible for a fifth season. Penn State head coach Cael Sanderson and his staff prepared for the season under shifting legal timelines, with the Nittany Lions scheduled to open their schedule against Bloomsburg at Rec Hall. Sanderson remarked on the unpredictable environment, noting that the program receives updates through news reports rather than advance notice. Alternative roster options for Penn State include Mitchell Mesenbrink, who won the last two NCAA titles at 165 pounds and expressed willingness to compete at 174 pounds.
The Minnesota Gophers men’s basketball team opened its season with an 85-50 victory over North Dakota and prepared to host St. Thomas. Last season’s leading scorer Cade Tyson, who averaged 19.6 points, 5.4 rebounds, and 2.1 assists across 32 games in 2025-26 after earlier stops at Belmont and North Carolina, remained restricted to practice while awaiting final legal outcomes. Gophers head coach Niko Medved described the legal inconsistencies across jurisdictions as difficult for the sport.
NEWS: The Tenth Circuit has REVERSED and VACATED the nationwide preliminary injunction in Wisne v. NCAA, issuing a published opinion in the 5-for-5 eligibility litigation. The injunction had already been stayed since August 21, and following oral arguments that appeared to go… pic.twitter.com/xOHXRKULhp