The NCAA changed its eligibility rules, left one graduating class out of the deal, and apparently expected everyone to accept it. Ohio Governor Mike DeWine had other plans. Now he’s challenging college sports’ governing body, and Ryan Day’s Ohio State could find itself caught in a battle that goes well beyond the football field.

Here’s the irony. In June 2026, the NCAA introduced a new model allowing athletes up to five seasons of competition. Sounds generous, except those who graduated high school in 2022 and already played four seasons were excluded. On October 13, DeWine signed Executive Order 2026-04D, giving Ohio colleges the option to let qualifying athletes from that class compete again during the 2026-27 academic year.

“Ohio Gov. Mike DeWine has signed an executive order allowing Class of 2022 college athletes at Ohio universities to compete in the 2026-27 academic year, even if they’ve exhausted their NCAA eligibility. The order opens up a 5th season of eligibility for athletes. It prohibits Ohio colleges from enforcing NCAA eligibility restrictions,” On3 college football insider Pete Nakos posted on X on October 14.

DeWine wasn’t impressed with the NCAA’s interpretation. “Principles of fairness require the Class of 2022 student-athletes be given a fifth year to compete, just like the classes that came before and after them, and against whom they competed throughout their collegiate careers,” he wrote in the order.

But the governor wasn’t simply complaining about fairness. His order points out that courts in other states have already allowed some 2022 graduates to compete while their lawsuits proceed. That leaves Ohio universities potentially facing opponents with fifth-year players while similarly situated athletes at their own schools remain sidelined.

And DeWine has included some safeguards. To qualify, athletes must have been within five years of their 19th birthday and college enrollment at the start of the 2026-27 academic year. They must also have been academically and otherwise eligible at the end of their last collegiate season and cannot have competed professionally in leagues such as the NFL, NBA, or WNBA.

The NCAA, unsurprisingly, wasn’t thrilled about Ohio writing its own rulebook. President Charlie Baker immediately questioned DeWine’s authority to interfere with eligibility standards that apply nationwide.

“The Governor of Ohio cannot legislate NCAA eligibility rules,” Baker said in a statement.

Baker also called on Congress to pass the Protect College Sports Act, arguing that allowing individual states to establish their own standards would create an uneven playing field. After all, if Ohio can make exceptions, what’s stopping other states from following?

Interestingly, DeWine’s order mentions the same legislation Baker wants Congress to pass. It notes that Section 113 of the proposed law would make the 2022 class eligible for the 2026-27 academic year. The bill has passed the Senate but has not become law, leaving the dispute unresolved.

And the skepticism isn’t limited to NCAA headquarters. Boise State sports law associate professor Sam Ehrlich also weighed in on the governor’s intervention.

“I’m not entirely sure the governor has the power to do this,” Ehrlich wrote on X.

He compared the controversy to the early battles over name, image, and likeness compensation, when state-level decisions challenged the NCAA’s control. Those disputes eventually reshaped college athletics, but whether DeWine’s latest move produces a similar result remains uncertain.

The timing only makes things messier. On October 13, the U.S. Court of Appeals for the Tenth Circuit heard arguments in Wisne v. NCAA, a federal lawsuit challenging the eligibility restrictions affecting the 2022 class.

A Colorado judge had granted a nationwide preliminary injunction on July 31, potentially giving those athletes another season. But the NCAA secured a stay in August. During Tuesday’s hearing, appellate judges questioned whether the plaintiffs had sufficiently demonstrated economic harm under antitrust law, particularly given the differences in earning opportunities across college sports.

Ohio has already witnessed a similar courtroom setback. Fifteen athletes, including Xavier’s Filip Borovicanin and Cincinnati’s MJ Collins, previously secured an injunction against the NCAA in state court. Their victory didn’t last long. An Ohio appellate court stayed the ruling after the NCAA challenged it.

Could Ryan Day’s Ohio State Gain an Advantage?

For Ryan Day, DeWine’s order presents an interesting possibility. Ohio State could potentially retain qualifying veterans who would otherwise have no college eligibility remaining, giving the Buckeyes access to experienced players without relying entirely on replacements through recruiting or the transfer portal.

And that could matter in a sport where experience is expensive to replace. A veteran already familiar with Ohio State’s system wouldn’t need months to learn the playbook or adjust to the coaching staff. Retaining even one established contributor could help maintain depth at a position where the Buckeyes might otherwise need an unproven replacement.

But there’s an important distinction buried in the executive order. Section 2 states that Ohio universities allowing athletes to compete under its provisions would be acting in accordance with state policy. Section 4, however, makes clear that no university is required to offer an athlete a roster position or athletic aid.

So even if a former Buckeye qualifies, Ryan Day isn’t obligated to bring him back. The coaching staff would still have to determine whether that player deserves a place on the team, and the order doesn’t override academic standards, team conduct rules, or disciplinary policies.

Then there’s the deadline. The document explicitly states that the executive order expires on July 31, 2027, unless it is modified, rescinded, or superseded. That means its current provisions cover the 2026 football season, not the fall 2027 campaign.

And there’s another legal limitation. The order specifically says it does not direct courts handling pending lawsuits or require universities to act contrary to court orders. So DeWine hasn’t eliminated the possibility of further legal challenges.

For now, no Ohio State player has been confirmed as benefiting from the exemption. The Buckeyes could theoretically gain experienced reinforcements, but a governor’s signature alone cannot guarantee another veteran in scarlet and gray. Until the eligibility dispute is resolved and qualifying players are identified, Ryan Day has a potential opportunity rather than an actual roster boost.