The nationwide court order that let a class of college athletes play a fifth season is gone. On Friday, Nov. 6, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit reversed the preliminary injunction in Wisne v. NCAA, the Colorado case that had blocked the NCAA from enforcing its five-years-to-play-four rule against athletes who began in 2022-23.

Sportico reported that the panel found U.S. District Judge Charlotte Sweeney had improperly treated all of Division I as a single labor market when she ruled on July 31 that the athletes were likely to win their Sherman Act claim. The appeals court had already stayed her injunction on Aug. 21, before the school year began, so Friday's ruling made permanent what had been a pause.

Why the Market Definition Sank the Case

The opinion, written by Circuit Judge Carolyn McHugh, turned on economics rather than fairness. According to Law Commentary, the athletes' expert treated all Division I athletics as one nationwide market. The panel pointed out that of the 366 Division I schools cited, 265 field football and 63 sponsor women's gymnastics, so a football player has little reason to consider a school with no football team. Without data for most sports, the court said, the proposed market was unsupported, and the athletes failed to show a likelihood of success. The 12 plaintiffs included Northern Colorado basketball player Brock Wisne and Minnesota basketball player Cade Tyson.

What the Ruling Does Not Decide

The panel left the broader legality of NCAA eligibility limits for further litigation and did not reach the athletes' contract claims. The NCAA adopted a five-in-five eligibility structure in June that excluded athletes who had used up their eligibility by the end of 2025-26, and Friday's decision lets it keep excluding them. NCAA chief legal officer Scott Bearby said the result is consistent with every federal appeals court to consider similar eligibility disputes, per Sportico. The plaintiffs can ask the full 10th Circuit to rehear the case.

Roughly 200 state-court cases involving as many as 850 athletes are still open, and some players hold individual orders that let them keep competing this season. No court so far has ruled that the NCAA's eligibility rules violate antitrust law. More college news is on BallerTube.