08/30/26 07:11:00
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08/30 07:10 CDT College sports kicks off its season under the long shadow of
court fights over eligibility
College sports kicks off its season under the long shadow of court fights over
eligibility
By EDDIE PELLS
AP National Writer
Imagine the Dallas Cowboys threatening to sue the NFC East, then teams in the
division saying they won't play them unless they remove a player from their
roster. No well-run pro sports league would dream of it.
College sports? Threats, lawsuits and instability are now as common as
play-action passes and handoffs.
The week leading to the start of the 2026 season featured LSU and the
Southeastern Conference squaring off amid a destabilizing frenzy of lawsuits
over eligibility and the mind-bending reality that players who signed on with a
pro team, albeit briefly, might soon be suiting up in college again. Two months
ago, it was the Big 12 going to court against one of its own teams, Texas Tech.
In between: threats about leagues breaking away, talk of "conference-led
governance" and a bill meandering through Congress that proposes to fix it all.
"We can enjoy the fact that the players can benefit financially from playing in
college now," Duke football coach Manny Diaz said, diagnosing the original
reason for the problem. "At the same time, recognize the ultimate truth that
we're not a professional sports franchise. We are a collegiate, scholastic
school activity, and we've got to rein that in."
Or, as Barbara Osborne, a professor at the North Carolina law school who is an
expert on NCAA governance put it: "The difference between a professional sports
league and collegiate athletics is literally night and day."
Indeed, most colleges are public institutions whose athletic departments are a
small part of the overall equation on their campuses. Unlike pro sports, where
finances usually rule the day, decision-makers in college come from classrooms,
boardrooms and research programs. Even when teams in a certain conference (like
the SEC) or division (like Division I) agree, the decisions don't always lead
to smooth sailing.
Eligibility issues consistently land the NCAA in court
In the past week, in the wake of the NCAA's new five-year eligibility rule that
excluded last year's graduating class from that extra year, the Big Ten and SEC
passed rules barring players from returning after leaving for the pros. The Big
12 and ACC quickly passed similar rules.
But there were no immediate signs that LSU --- the SEC school actually planning
on bringing back some pros --- was changing its plans. Louisiana's governor,
who keeps his hand in sports at the state's biggest school, declared: "Don't
hate the player, hate the game."
The Big 12's lawsuit against its own team, Texas Tech, came in June after
quarterback Brendan Sorsby's admission that he had a gambling addiction. Sorsby
eventually withdrew from college and gave up the fight, but the lawsuit lingers
on --- triggered by a state court order that had temporarily allowed Sorsby to
play despite the NCAA longtime ban of players who gamble.
On all the different forms the eligibility issue takes, the courts are having
quite a say. The smartest plaintiffs' attorneys are doing a good job shopping
for judges sympathetic to their cases --- and there are more than 30 at the
moment with nearly 400 athletes involved. Most claim it is unfair to exclude
high school Class of 2022 athletes the way the NCAA rule did, but it's also
clear that many athletes hoping to come back can count on money ---
revenue-sharing, NIL deals --- that were not available six years ago.
"Unfortunately, this is the latest example of member schools weaponizing
locally elected judges to skirt member-agreed upon rules," said NCAA senior
vice president Tim Buckley in response to a ruling from a Louisiana judge who
sparked the LSU case and keeps finding against the NCAA and SEC. "College
sports are supposed to be a launching pad to careers, not a fallback for
professional athletes who already competed throughout their time in college."
Lots of ideas to fix problems, no solutions on the horizon
Senators, governors, commissioners, judges, lawyers, regents and even the
president of the United States have taken cracks at fixing the problems that
engulf college sports. None have stemmed the cascade of lawsuits.
One of the most pressing issues is a federal antitrust exemption, the likes of
which most pro sports have some part of but college does not. Not having it has
left the NCAA and its schools open to legal challenges for decades. The most
notable --- and the genesis of the trouble college sports currently finds
itself in --- involved players' right to earn endorsement money.
A trio of lawsuits dating to 2009 have, in many ways, settled that debate,
forcing schools to open their pocketbooks which, in turn, has made them have to
find new ways to generate revenue and control costs.
Other issues --- namely, those involving eligibility --- leave the NCAA open to
litigation.
"There are certain premises in college athletics that I think the public
supports," said Tyrone Thomas, an attorney at Fox Rothchild who advises
universities and pro programs on employment and compliance issues. "We need
some rules that are enforceable within the system that we're in. But we're in a
system that's only been around for less than a half-dozen years. I think it
makes sense to keep the perspective on where we are now, compared to where we
were."
The Senate bill seeks to provide the NCAA limited lawsuit protection over
issues like rulemaking about eligibility. Absent that passing you get weeks,
and summers, like the one we've just witnessed.
Two of the core principles of college sports is that they are not played by
pros; and they cannot be played by players who gamble on the games they play.
But even those somewhat uncontroversial ideas have been muddied by the facts
that these "amateur" players are getting paid --- and that some of the very
schools that disdain gambling now have gambling companies as sponsors.
Thomas offered a glimmer of hope in the fact that the flurry of court actions
involved in the five-year rule have a limited number of potential plaintiffs
--- only those who graduated high school in 2022 and saw their eligibility run
out last spring.
"I look at these as maybe not the house-on-fire issue of the day," he said.
"There are definitely ?fire' issues. But I don't look at the essential
?house-on-fire' issue that's going to determine how things move forward."
___
AP Sports Writer Aaron Beard in Raleigh, N.C. and Eric Olson in Omaha, Neb.
contributed.
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