(Picture credit Matt Johnson)
Nebraska Attorney General Mike Hilgers said his team is looking into legal options against Ohio following an executive order by Governor Mike DeWine giving NCAA athletes in the state an extra year of eligibility.
“Wait what?” Hilgers said in response on Tuesday. “This appears to be unprecedented executive order—not a league rule, not a statute, and not a court order—of one member state of the Big 10.”
Hilgers said he “can’t imagine” that DeWine’s executive order is “enforceable across the league, let alone in Nebraska.”
“Either way, our office is reviewing this very closely as it appears contrary to every rule currently in place,” Hilgers said. “We will take all necessary and appropriate measures to protect the competitive integrity of the season.”
Legal action could come sooner rather than later as Hilgers noted Nebraska plays Ohio State in football on November 21.
DeWine signed the executive order on Tuesday, which he said was about “fairness” for Ohio athletes. The NCAA ruled earlier this year that athletes going forward would have five years of eligibility, but they declined to apply the fifth year to athletes that had already competed for four years.
NCAA President Charlie Baker responded to DeWine’s executive order, saying it showed that Congress needed to pass the Protect College Sports Act (PCSA) — which would give antitrust protections to the NCAA and athlete conferences to enforce unified standards.
“The Governor of Ohio cannot legislate NCAA eligibility rules. One elected official seeking to make their own rules for their own schools’ advantage is a terrible way to run athletic competitions and precisely why Congress must pass the PCSA as soon as possible,” Baker said. “And not only did NCAA members vote unanimously to implement the aged based eligibility change in this way, the Ohio Court of Appeals just recently agreed with that decision.”
Baker said the NCAA will continue to apply its eligibility standards for student athletes in Ohio.
The NCAA has been mired in controversy this season as schools have been testing the boundaries for eligibility of players.
Earlier this year, Texas Tech tried to keep star quarterback Brendan Sorsby eligible for the 2026 season despite news that he had bet on college football games. Sorsby filed a lawsuit and initially was granted an injunction in June by a Texas court allowing him to play. Texas Tech eventually parted ways with him under pressure from the NCAA, ending the controversy.
In August, LSU tried signing two professional football players to its rosters to compete in the SEC. The conference enacted a ban which LSU challenged in court. The school backed down after it became clear the conference was willing to assess major penalties and potentially kick them out of the SEC.
— John Gage is the executive editor of The Plains Sentinel.