In a new opinion, issued Friday, August 21, the 10th circuit granted the NCAA a stay of the preliminary injunction issued earlier in favor of Stephen Daley and Kellan Wyatt. The new ruling renders the two players ineligible, pending another decision down the line.
Wisne v. NCAA, the case at issue here, had resulted in an injunction in favor of all athletes from the class of 2022 who had already used four years of eligibility. This was the legal pathway that led to Daley and Wyatt rejoining the team
this fall.
Wyatt and Daley will presumably remain with the team, as the ruling does not affect their ability to practice, but this was the risk of adding players whose eligibility depended on a temporary injunction. Even if the players win the case down the line, there is no guarantee that it’s decided in time for them to play the entire season.
That said, this case was filed in July and has already resulted in the grant of a preliminary injunction and a successful appeal of that grant. It appears as though all parties involved, the courts included, are aware of the timeliness issue here, which could lead to a resolution sooner than later.
Adding to the urgency of the case is the scope of the injunction, which, as stated above, covered all athletes from the class of 2022. This means that the effects of the case reach far beyond football, with athletes across all fall sports now scrambling to regain their briefly granted eligibility.
It’s not a great spot to be in, but this is college sports in 2026.
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