A federal appeals court has reinstated the NCAA’s five-year eligibility rule, impacting college athletes who sought to extend their playing careers. The 10th Circuit Court of Appeals delivered this decision on Friday, August 21, 2026, overturning a previous temporary restraining order.
The rule dictates that athletes can compete in college sports for a maximum of five seasons within a five-year period, beginning with the first semester after they turn 19. This effectively sets an eligibility age cap at 24.
The ruling stems from a class action lawsuit led by University of Northern Colorado basketball player Brock Wisne. Wisne and other athletes argued that the five-year rule unfairly shortened their careers, particularly for those who started college in the 2022-23 academic year. They contended that due to the timing of their high school graduation, they would only be eligible for four seasons over five years, risking scholarship losses and limiting their participation.
Previously, on July 31, U.S. District Judge Charlotte Sweeney had granted class certification and a temporary restraining order, allowing these student-athletes to compete at the start of the school year. However, the 10th Circuit’s recent opinion reinstates the NCAA rule while the organization’s appeal is pending. The federal appeals court stated that the NCAA satisfied its burden regarding the factors for reinstatement.
The decision does not affect dozens of athletes who have secured temporary restraining orders in state courts nationwide. A spokesperson for the NCAA expressed approval of the appellate court’s decision, stating that the age-based eligibility rules would be implemented immediately as intended by the Division I membership. The spokesperson also noted that class members who were competing under the Wisne injunction are no longer eligible.
The NCAA is represented by attorney Ben Kappelman of Dorsey & Whitney in Minneapolis. Wisne and the athletes are represented by attorney Elliot Sol Abrams of Cheshire Parker in Raleigh, North Carolina.
