Jaxon Kohler and dozens of other athletes and coaches flocked to Santa Clara, California Tuesday to a California State court room. Kohler was one of 70+ players in the Glancey vs NCAA hearing involving class of 2022 players seeking a fifth year of eligibility. These players received a Temporary Restraining Order (TRO) back in August to become temporary eligible, and today was the preliminary injunction hearing to hear the merits of the case. If granted, the temporary injunction would grant the players eligibility until
the trial date.
I spoke with people present at the hearing and read emails from the plaintiffs’ lawyers updating the details from the day. In short, the judge did not make a ruling on the preliminary injunction. Not everyone got to testify, so the judge will continue the hearing October 20. The TRO remains in effect until then, meaning Kohler and other players in the case remain eligible. BYU plays Nebraska in an exhibition October 16, so Kohler is eligible to play in that game.
Jaxon Kohler and St John’s head coach Rick Pitino both took the stand Tuesday. Those in attendance told me that Pitino testified longer than any other witness (which is part of the reason not everyone got to testify) and testified in support of the players.
The ideal scenario for the plaintiffs would have been to receive the preliminary injunction today, but people I spoke with viewed today as a net positive for the players. They remain eligible, and delaying the rulings of the case isn’t the worse thing. If a preliminary injunction is granted next month, that could push the trial date to issue a final verdict on the case a month later, which could be late into (or even after) the season. The NCAA could also decide to fold in the next month depending how other cases unfold.
Jaxon Kohler’s future eligibility is still influx, but I am cautiously optimistic that he and other players will be ruled eligible. The same group of lawyers representing the California plaintiffs had a preliminary injunction hearing last week in Indiana where the judge heard the merits of the case, and the judge granted the plaintiffs a temporary injunction until a trial date on December 14. Indiana is in the NCAA’s backyard, so it’s notable the court ruled against the NCAA. I have a hard time seeing the California State Court judge ruling more punitively than the Indiana court.
In any case, Kohler remains eligible and we should know more by October 20.
