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ARTICLE · 14 OCTOBER 2026

Tenth Circuit Hears Arguments In Challenge To NCAA's "Five-for-Five" Eligibility Rule

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The US Court of Appeals for the Tenth Circuit heard oral argument concerning an injunction that would grant student-athletes in the 2022 freshman class a fifth year of eligibility under the NCAA's new "Five for Five" rule. The case centers on whether the NCAA's decision not to apply its new eligibility rule retroactively to the 2022 class violates their rights, while many fifth-year football players remain sidelined pending the court's decision.

United StatesLitigation, Mediation & Arbitration

This morning, the US Court of Appeals for the Tenth Circuit heard oral argument concerning an injunction issued in a Colorado federal class action. 

The injunction requires the NCAA to allow student-athletes in the 2022 freshman class a fifth year of eligibility, consistent with the NCAA’s new eligibility rule for students entering college in 2023 or later. The NCAA did not apply the new rule retroactively to student-athletes who completed college in May or June. Those student-athletes, who entered college in 2022, remained subject to the eligibility rules in effect at that time. 

Under the new rule, student-athletes who begin college in 2023 or later will have five seasons of eligibility within a five-year window — commonly called “Five for Five” — starting the year after they graduate from high school or turn 19, without regard to a redshirt year, injury, or another circumstance for which a waiver is currently available.

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