College Softball Remains in Limbo As 5-for-5 Litigation Continues To Put NCAA On Defense

Civil suits expand across the country as the Class of 2022 athletes seek an immediate return and the ability to transfer. Some softball players begin search for new homes in wake of rulings.

The field is pictured before Game 1 of the NCAA Women's College World Series finals between the Texas Longhorns and the Texas Tech Red Raiders at Devon Park in Oklahoma City, Wednesday, June 3, 2026. | USA TODAY Network via Reuters Connect

The list of defeats suffered by the NCAA in federal and state courtrooms across the country grows daily, and the Class of 2022 is inching closer to being allowed to return to competition for a fifth year.

More than 30 lawsuits have been filed against the NCAA in various federal and state courts.

On Monday, U.S. District Court Judge Charlotte N. Sweeney of the District of Colorado denied an NCAA motion for an administrative stay of her Friday ruling in the case of Wisne et al v. NCAA while the NCAA seeks and expedited appeal in the 10th Circuit Court of Appeals.

However, the NCAA made clear on Tuesday that its rule remains in effect regardless of the Court’s most recent ruling.

Sweeney's decision on July 31 provided injunctive relief for the plaintiffs, and effectively provided a fifth year of eligibility for the Class of 2022.

Softball players from the Class of 2022 are weighing their options and watching the news for the next legal decision to drop. Most players did not see court intervention as a possibility, or at least not timely or comprehensive enough to make a difference for eligibility purposes.

Other players anticipated the courts to intervene on behalf of the Class of 2022 and preemptively jumped into the portal prior to June 30. Nicholls State outfielder Carmella Muccilli did just that and is marketing herself as she searches for a new program.

Contact correction

Currently in the transfer portal, due to the NCAA ruling, I have a fifth year of eligibility. I entered the transfer portal before June 30 and within the NCAA transfer window, and I am looking for a new home to finish my collegiate career.

Veteran D1… pic.twitter.com/IUXpjy6RY4

— Carmella Muccilli (@CarmellaM2022) August 7, 2026

College softball coaching staffs are very limited in what they can do for the Class of 2022 at this point. After the Wisne ruling, the NCAA advised schools and coaches to "make their own independent decisions..." in reference to rostering Class of 2022 athletes. The NCAA also made clear that all other NCAA rules and regulations remained in place.

Those rules include the prohibition of "ghost transfers" and the Rule of Restitution. A "ghost transfer" occurs when a player transfers outside of the portal system. A school accepting such a transfer is subject to have the head coach suspended for 50% of the season and face substantial financial penalties by NCAA rule.

The Rule of Restitution comes into play when a court temporarily allows an athlete to compete even though the NCAA considers the athlete ineligible. If the court order is later overturned, the school runs the risk of various NCAA penalties such as financial penalties; vacating individual or team records, or declaring institutions ineligible for post-season competition.

With the Transfer Rule and the Rule of Restitution looming, softball coaches remain sidelined and can only make provisional plans as of now. If the courts waive the rule, along with roster caps and transfer prohibitions, then the Class of 2022 flood gates could open.

Timing is still key though. For spring sports, such as softball, there is still time for fifth-year students to matriculate. If the legal process drags on however, the prospect of Class of 2022 players competing in the 2026-27 season becomes dim.

Saint Joseph's University Head Softball Coach Gina McCool spoke to Softball On SI on August 2, after the Wisne decision was handed down. She said opportunities for her team are limited in regard to the Class of 2022, due to financial considerations and rules covering current roster caps and the transfer portal that currently remain in place. However, should those rules be waived in the near future, McCool has enticing choices to potentially make in a few cases.

Saint Joseph's University Head Softball Coach Gina McCool | X,com

Overall, McCool, as well as other coaching staffs across the country, are taking a wait-and-see approach as they gear up for the fall arrival of freshman and returners from last season. According to McCool, at the mid-major level, many members of the Class of 2022 want to get on with their lives and careers after the four-year grind of being a Division 1 athlete. She estimated only 20-30% of the athletes from that class would want to pursue a fifth year.

At the Power Four level, things could get interesting very quickly if the NCAA ultimately loses on all fronts. Notable stars who graduated could entertain a return for a fifth year for a variety of reasons including the opportunity to make an additional national championship run, as well as significant income potential from revenue sharing and NIL opportunities.

The most eagerly awaited decisions remain in the United States District Court for the District of Colorado and in the 10th Circuit Court of Appeals.

At the District Court level, Judge Sweeney is expected to issue an order responding to a motion by the Wisne plaintiffs to enforce the injunction. The order is expected to address protections against the "Ghost Transfer" rule, as well as the Rule of Restitution. The 10th Circuit Court of Appeals is pending. Depending on the outcome, the matter could be cued up for the U.S. Supreme Court to decide the issue once and for all.