Full Breakdown
NCAA Stay Halts Nationwide Injunction, Leaves Class of 2022 Athletes in Legal Limbo
8/23/2026, 7:56:44 AM
Core Development: 10th Circuit Stay Reverses Nationwide Fifth-Year Waiver
On Friday, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit granted the NCAA a stay of the preliminary injunction issued by U.S. District Judge Charlotte N. Sweeney in *Wisne v. NCAA*. The stay pauses the blanket waiver that had allowed athletes who began college in 2022-23 to return for a fifth season.
Background & Context: Eligibility Rules and Prior Injunctions
The NCAA’s “five-for-five” rule, adopted on June 23 by the Division I Council, limits athletes to five seasons within a five-year window that begins with full-time enrollment (or the semester after the player’s 19th birthday). The rule was not applied retroactively to the 2022 class, prompting lawsuits. On July 31, Judge Sweeney issued a nationwide preliminary injunction granting the 2022 class a fifth year of eligibility. The 10th Circuit stay now suspends that injunction.
State Court Injunctions and Ongoing Eligibility
While the federal stay removes the nationwide protection, several athletes remain eligible through state-court orders:
- Kentucky – Ten athletes, including former Florida State quarterback Thomas Castellanos, received TROs allowing a fifth season and entry into the transfer portal.
- Louisiana – A TRO enabled Luke Drzewiecki, a New Mexico kicker, to sign with Minnesota for his final season.
- Texas – Darrion Williams, a former Texas Tech and NC State player, secured eligibility through a Texas lawsuit.
- California – Jaxon Kohler was cleared to transfer to BYU after a California judge lifted his restriction.
- Tennessee – AJ Storr, who averaged 15.5 PPG at Ole Miss, was cleared to play at UNLV following a Tennessee injunction.
These orders are insulated from the 10th Circuit stay, so eligibility continues to vary by jurisdiction.
Impact on Specific Programs and Athletes
The stay immediately affected the University of New Mexico (UNM) football program. Defensive end Brett Karhu and cornerback Azariah Levells, who had been practicing under the Colorado injunction, were ruled ineligible. UNM athletic director Ryan Berryman said the athletes will remain on campus but be removed from countable athletic activity while the appeal proceeds.
Players with state-court orders remain active. Luke Drzewiecki is slated to play for Minnesota, and Denzel Aberdeen, a former Florida player now at Kentucky, is expected to receive support for a fifth-year claim.
The SEC faces uncertainty. Commissioner Greg Sankey reiterated existing transfer windows but declined comment on how state injunctions might affect SEC-to-SEC transfer bans.
Official Statements & Responses
- The NCAA will continue to defend other eligibility lawsuits and appeal favorable state-court rulings.
- Greg Sankey (SEC commissioner) – Sent a memo reminding schools that current SEC transfer windows remain in effect.
Conflicting Reports & Gaps
Sources differ on how many athletes remain eligible after the stay, and no consolidated roster count is available. The legal status of intraconference transfer restrictions under state injunctions also remains unsettled.
What’s Next
The NCAA expects further litigation. Plaintiffs plan additional state-court lawsuits before the fall season. The 10th Circuit’s stay will be reviewed on appeal, and a similar stay was recently granted in Ohio, indicating ongoing appellate relief for the NCAA. Individual athletes will continue to seek separate injunctions, keeping the legal landscape fluid through the 2026-27 season.
