The Supreme Court of Ohio on Wednesday refused to revive a preliminary injunction that had temporarily protected a group of college basketball players seeking a fifth season of eligibility. The court’s one-page order denied the athletes’ emergency motion to vacate an appellate stay in Borovicanin v. National Collegiate Athletic Association.
The decision leaves intact an August order from Ohio’s First District Court of Appeals that paused the Hamilton County Common Pleas Court injunction while the NCAA pursues its appeal. It does not decide the underlying contract dispute, but it keeps the Ohio injunction from operating during a consequential stretch of preseason roster planning.
The case began after the NCAA adopted a new age-based model in June that generally permits five seasons of competition within a continuous eligibility window. The athletes, largely members of the high school class of 2022, contend the transition rules treat them differently from younger athletes and some players with prior professional experience. A detailed legal analysis of the July ruling says their principal theory is that NCAA bylaws and manuals create enforceable contractual duties of fairness and consistent treatment.
Hamilton County Judge Christopher Wagner agreed that the athletes had shown a substantial likelihood of success on that claim and issued a preliminary injunction on July 9. His ruling barred enforcement of specified eligibility and transfer rules against the named plaintiffs while the litigation continued. The NCAA disputed the court’s reasoning and appealed.
On Aug. 17, the First District granted the NCAA a stay. Contemporary coverage of that order reported that the appellate panel found the association had presented a substantial case on the merits and demonstrated irreparable harm, while acknowledging that the athletes also faced harm. The panel said public-interest considerations did not decisively favor either side.
Among the plaintiffs are Xavier forward Filip Borovicanin and Cincinnati player MJ Collins, giving the litigation direct implications for two Ohio Division I programs. Borovicanin had started 32 games for Xavier last season, according to the university’s student newspaper.
A separate federal case had provided another layer of protection for similarly situated athletes, but the Tenth Circuit later stayed that nationwide injunction pending appeal. Recent reporting said Borovicanin consequently appeared to have lost both temporary court protections.
Wednesday’s Ohio order therefore preserves the current procedural balance: the NCAA may enforce its rules for now, while the players’ claims remain alive. The First District still must decide the merits of the appeal, and the Hamilton County case has not reached a final judgment. Because the justices issued no merits analysis, the denial should not be read as a final endorsement of either the NCAA’s model or the players’ contract theory. The ruling is narrow, but its timing makes the unresolved legal question immediately significant for affected athletes and Ohio programs preparing for the 2026-27 season.
