Breaking down the Colorado injunction allowing 2026 graduates to return for a fifth year, and what it means for Merrimack

Late Friday, U.S. District Judge Charlotte Sweeney granted a preliminary injunction in the Wisne v. NCAA lawsuit that allows all seniors who graduated in the spring of 2026 to receive a fifth year of eligibility, provided they qualify for a fifth season under the NCAA’s new age-based eligibility rule.

Earlier this summer, the NCAA pushed its age-based eligibility rule through the approval process, finalizing it in late June. Under the new rule, athletes have five seasons of NCAA eligibility. The eligibility clock begins when an athlete enrolls in college or the season following the athlete’s 19th birthday, whichever occurs first.

The original proposal included language that would have started the clock during the season following an athlete’s 18th birthday. However, a push from the hockey community — which was later joined by representatives from other sports — resulted in the NCAA changing the rule to the season following an athlete’s 19th birthday.

As part of the new rule, the NCAA is allowing returning athletes who were previously eligible for the 2026-27 to apply for a fifth season if they meet the qualifying standards. However, the NCAA excluded athletes who graduated this spring, even though many of them — particularly in sports other than hockey — would have otherwise qualified for a fifth season under the provisions of the rule.

The Wisne v. NCAA lawsuit includes multiple athletes from several sports, although none are hockey players, many are basketball players. Athletes seeking a fifth year have filed lawsuits against the NCAA in numerous states, but most of those cases sought relief only for the individual players who filed suit.

The Wisne case was different. It was filed as a class-action lawsuit seeking an additional season of eligibility not only for the named plaintiffs, but for all athletes included in the defined class.

Sweeney granted that class-wide preliminary injunction Friday night.

What did the preliminary injunction mean?

The ruling means that all athletes in the graduating class of 2026 who used their fourth season of eligibility during the 2025-26 academic year are, at least temporarily, eligible for a fifth season under the NCAA’s age-based eligibility rule.