How the Court's NCAA 5-for-5 Ruling Impacts College Softball

Colorado U.S. District Court issues sweeping ruling that allows an extra year of eligibility for Class of 2022.

The Alfred A. Arraj United States Courthouse, a federal courthouse located in Denver, pictured on Nov. 17, 2025 | USA TODAY Network via Reuters Connect

United States District Court Judge Charlotte N. Sweeney of the District of Colorado issued a ruling on Friday that rocked the college sports world by granting fifth-year eligibility to the Class of 2022.

That class recently graduated and was excluded from fifth-year eligibility by the NCAA when the governing body handed down its 5-for-5 eligibility model on June 23.

Several lawsuits resulted, including the one in which Judge Sweeney granted a sweeping class-wide preliminary injunction (Wisne et al v. NCAA). The injunction allows the fifth year of eligibility.

The eligibility model was promulgated by the NCAA after the House settlement established team roster and scholarship structure changes; direct revenue sharing limits; transfer portal rules and NIL (Name, Image, Likeness) deal rules.

Sweeney’s ruling did not mention those provisions and did not enjoin them.

This appears to mean that Class of 2022 players cannot transfer and could only play for their former school. The transfer issue, however, will likely still need to be determined.

The NCAA responded to the ruling by citing that the preliminary injunction is temporary by design and that they plan to file an appeal with the 10th Circuit Court of Appeals immediately.

The NCAA has sent the following message to its members. pic.twitter.com/GBA91YnQoe

— Jon Rothstein (@JonRothstein) August 1, 2026

For Division I fall sports, time is of the essence. Most fall sports have their rosters set and have incoming freshmen and returners due on campus soon to begin practice. For fall sports programs to add a Class of 2022 player, they most likely will have to be already enrolled at the school. Winter and spring sports will have more time to get students matriculated.

The NCAA, however, is not strictly relying on the results of the appeal to prevail in the matter.

The United States Senate currently has a bill pending known as the Protect College Sports Act. If passed by the Senate and signed into law by President Trump, the NCAA’s eligibility model would be codified among other provisions. The clock is ticking in the Senate with a recess scheduled for August 7. Due to the number of pieces of legislation the Senate has before it, it is unknown at this time if the Protect College Sports Act will get a floor vote.

NCAA President Charlie Baker called on Congress to act.

Statement from NCAA President Charlie Baker:

"Without targeted intervention from Congress, college sports cannot set nationwide rules everyone can play by and without Congress, failed professionals will continue to use college sports as a fallback option — robbing the next…

— NCAA News (@NCAA_PR) August 1, 2026

The impact on softball will not likely be known until the legal matter is decided on appeal or through codification. If the NCAA appeal is denied and the Senate does not act, softball teams may be able to add some of their former players, assuming they remain under the roster caps.

Additional unknowns pertain to the eligibility of Class of 2022 members who may have been drafted by professional organizations or who have played professionally since graduation last spring.

NCAA members were advised in the letter from the body’s Chief Legal Officer, who wrote in part, “Schools and coaches must make their own independent decisions…” in reference to deciding whether to entertain rostering Class of 2022 athletes. Members were also put on notice that the NCAA stood ready to fight the decision.

Marshall University athletics issued a statement that was non-committal toward the Class of 2022 athletes who are, at least for now, eligible to compete. In its statement, the university wrote that several factors needed to be considered, including academic requirements and roster availability.

The athletic director wrote in part, “Where opportunities exist, we would be excited to welcome our sons and daughters of Marshall back to campus.”

Marshall released a statement regarding the federal class-action injunction for Marshall student-athletes in the Class of 2022. pic.twitter.com/gDUMuaLvRd

— Paul Swann (@PaulSwann) August 1, 2026

Until additional clarity is provided by the courts and/or through congressional action, there appear to be more questions than answers regarding the Class of 2022 and extended eligibility.