As the new college football season looms, a cascade of court rulings has thrown the NCAA’s 5‑in‑5 eligibility rule into disarray.
Legal Turbulence Over the 5‑in‑5 Rule
The rule, approved on June 23 2026, wipes out the traditional redshirt system and eliminates hardship waivers for every student‑athlete who first enrolled in high school in 2023.
A group of 2022 prospects, led by the plaintiffs in Wisne v. NCAA, argue that the restriction breaches antitrust law by blocking the compensation they could otherwise receive through name image and likeness deals and revenue sharing.
On July 31 2026 Judge Charlotte N. Sweeney issued a preliminary injunction that bars the NCAA from stopping the plaintiffs from competing while the case proceeds, though the order does not alter roster limits or transfer regulations.
The NCAA appealed the decision to the Tenth Circuit and on August 21 2026 a stay was placed, keeping the injunction in place pending further review.
In Louisiana a separate temporary restraining order secured on August 19 2026 allowed 33 athletes, including 16 football players, to resume college competition and enter the transfer portal.
The transfer portal closed on January 16 2026, meaning that only those deemed eligible for a fifth season could return to their former teams after the deadline.
Many of the affected athletes are now using the legal uncertainty as a fallback plan should they be released by NFL franchises seeking to reshape rosters.
State level lawsuits are expected to continue throughout the summer, leaving the landscape of NCAA enforcement unresolved as kickoff approaches.