The NCAA's eligibility framework is once again under judicial review, this time in the Sixth Circuit. On September 16, 2025, the Sixth Circuit held a hearing on the NCAA's appeal of a preliminary injunction granted to Vanderbilt quarterback Diego Pavia, arguing that his participation at the junior college level should not count toward the NCAA's Five-Year Rule. During the hearing, the panel of judges expressed skepticism about the NCAA's defense of its rules for JUCO transfers, questioning whether those rules are truly supported by "pro-competitive" justifications. The outcome of this case could have significant implications for the NCAA's regulatory authority and the ability of players to fully capitalize on their name, image and likeness (NIL).
During oral argument, the panel grilled NCAA's counsel on the benefits of restricting eligibility for JUCO transfers. The line of questioning revealed serious doubts as to whether such restrictions meaningfully enhance competitive balance or promote the welfare of student-athletes. These very themes have predominated prior litigation in this area, with courts in multiple jurisdictions grappling with the question of whether NCAA eligibility rules serve legitimate pro-competitive purposes or instead operate as restraints on athlete freedom, particularly in light of increased economic opportunities afforded under the landmark House settlement and the NCAA's new NIL regime.
If the Sixth Circuit ultimately rejects the NCAA's position, the decision could narrow its ability to enforce transfer-based restrictions. In the post-House era, increased player mobility and additional years of eligibility would further expand the market for individual athletes to monetize their NIL and further move college athletics closer to a fully professional model instead of one rooted in athletics as a component of a student's overall education. As litigation continues to test the durability of long-standing rules, the NCAA's ability to impose eligibility restrictions appears increasingly tenuous. Although no final ruling has yet been issued in the Pavia case, the NCAA and its member institutions are bracing for potential adjustments to current eligibility criteria, while no doubt also eyeing the larger consequences this and other decisions may have on competitive balance and the economics of college sports more generally.
As this case continues to develop, Buchanan offers a comprehensive suite of services, providing guidance tailored to institutions, collectives, and businesses involved in the NIL space and related to student athletes to ensure compliance and support at every stage.
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