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Judge Lets Four West Virginia Players Compete, Rejects NCAA Counting of JUCO Seasons

The ruling treats eligibility limits as a commercial restraint in the NIL era, sharpening a nationwide split that could push the issue to appellate courts.

Justin Harrington (4) runs drills during an OU football practice in Norman, Okla., Aug. 7, 2023. (The Oklahoman)
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West Virginia Mountaineers head football coach Rich Rodriguez speaks to the crowd during a timeout during the first half against the Cincinnati Bearcats at WVU Coliseum. Mandatory Credit: Ben Queen-Imagn Images

Overview

  • U.S. District Judge John Preston Bailey granted a temporary restraining order and preliminary injunction allowing Jimmori Robinson, Tye Edwards, Justin Harrington and Jeff Weimer to play for West Virginia this season, though Robinson’s academic status remains unresolved.
  • The court held that seasons played at junior colleges outside NCAA governance should not count toward the five‑year, four‑season eligibility limit, starting the clock only once an athlete enrolls at an NCAA member school.
  • Bailey concluded the challenged eligibility rules are commercial in nature in light of NIL and revenue sharing, making them subject to Sherman Act antitrust scrutiny.
  • The decision contrasts with a California ruling earlier this week denying similar requests by UCLA and USC players, deepening conflicting outcomes and positioning the case for potential Fourth Circuit review.
  • The NCAA criticized the order, warned of fewer roster opportunities for high school recruits and erosion of academic standards, said it will appeal, and renewed calls for congressional protections.