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Tenth Circuit Weighs NCAA Appeal of Injunction Restoring Fifth Year for Class of 2022 Athletes

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Why it matters

The Tenth Circuit Court of Appeals heard oral argument on October 13, 2026, in an appeal of a federal injunction that would give 2022 high school graduates a fifth season of eligibility. The case, Wisne v. NCAA, began when former Northern Colorado basketball player Brock Wisne sued under federal antitrust law over the NCAA's June 23, 2026 rule. That rule gives Division I athletes five seasons within five years, replacing the redshirt model, and excludes athletes who finished four seasons by the end of 2025-26. Judge Charlotte Sweeney of the District of Colorado certified a nationwide class and granted a preliminary injunction on July 31. On August 21, a 2-1 Tenth Circuit panel stayed that injunction pending an expedited appeal. At argument, the panel asked whether it should wait for Congress to act on the Protect College Sports Act, which contains eligibility provisions. NCAA counsel argued that athletes and other courts need a ruling now and asked the court to set aside possible future legislation.

The court has not issued a merits decision. Its timing depends on whether it rules on the case alone or waits for federal legislation. Plaintiffs' sources describe the hearing as a positive but non-conclusive step toward resolution before the season ends. The stay has already cost players: athletes who enrolled in reliance on the injunction, including many fifth-year football players, cannot play while the appeal is pending. The NCAA has said it will not issue a blanket waiver for the class, and class-of-2022 athletes have filed individual state-court suits.

For attorneys, the stakes are immediate. Football is underway, and the Tenth Circuit's decision will determine whether a large group of players keeps or loses eligibility before a final ruling. Watch for whether the court acts before Congress does, and for developments in the state-court suits, which could move faster than the federal appeal. Also note Judge Sweeney's August 2 clarification that the injunction does not reach transfer rules or revenue-sharing terms under the House settlement. Any client relying on the class definition should check that carve-out first.

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