The NCAA is suing a state governor.
NCAA President Charlie Baker announced a lawsuit against Ohio Gov. Mike DeWine on Friday, Oct. 16, three days after DeWine signed a state executive order that allows class of 2022 athletes at Ohio universities an extra year of eligibility.
The NCAA is seeking "injunctive and declaratory relief for three independent grounds" as it continues to fight eligibility court rulings in the aftermath of its five-for-five ruling that was adopted in June.
"First, the Executive Order unlawfully burdens interstate commerce in violation of the Commerce Clause in the US Constitution by improperly conferring an advantage on Ohio in-state
institutions," the announcement read. "It also violates the First Amendment by purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the NCAA’s rules.
"Finally, the Executive Order violates state law. I know something about this. Governors are expected to turn square corners and act within their authority. The Executive Order is unlawful because Governor DeWine lacks the authority to permit Ohio colleges and universities to disregard the rules they have agreed to follow by rostering ineligible student-athletes."
The 41-page filing also argues DeWine is violating the First Amendment by allowing Ohio universities to sidestep NCAA rules.
The NCAA's new five-for-five eligibility ruling allows college athletes to play five seasons in five years, moving away from redshirts. The rule only included athletes from class of 2023 onward.
DeWine's order ultimately involves numerous high-level programs, including Ohio State, Xavier and Cincinnati. There are 13 Division I teams in Ohio.
"This whole thing has become comical," Tennessee athletic director Danny White wrote on X. "The NCAA couldn’t have mismanaged this eligibility rule change worse. They screwed over the high school class of 2022. It would be an easy fix to right the wrong, but they won’t, and they are portraying the victims of their wrong doing as villains.
"I’m not sure if this is theatre in an attempt to show congress that they need an antitrust exemption, or incompetence. Either way, it’s exhausting."
DeWine's executive order is one of numerous ongoing court cases across the country regarding eligibility. Louisville coach Pat Kelsey and Missouri coach Dennis Gates testified in Kentucky Court of Appeals on Oct. 14 regarding Seth Trimble and Mark Mitchell, who are both fighting for another season. The executive order came a week after an Ohio court of appeals reversed a decision that granted fifth seasons to numerous players, including Xavier forward Filip Borovicanin, who was named as a plaintiff in the lawsuit.
The first game of the college basketball season is Nov. 1, when Notre Dame faces Villanova in Rome, Italy.
This article originally appeared on USA TODAY: NCAA sues Ohio governor over state executive order for player eligibility
