Nevada Football Player Secures Court Victory as NCAA Eligibility Disputes Divide
In a groundbreaking decision, a federal judge in Nevada has granted University of Nevada wide receiver Cortez Braham Jr. the right to play another season in college sports, overturning the NCAA's ruling that would have rendered him ineligible. This decision marks another step in the ongoing antitrust challenges facing the NCAA regarding college athletes' eligibility for Name, Image, and Likeness (NIL) deals and professional sports preparation.
Judge Du, who presided over the case, agreed with Braham's argument that the five-year rule, which limits athletes to four seasons of intercollegiate competition-including JUCO competition-in any one sport within a five-year window, runs afoul of antitrust law. Du found that Braham is part of a labor market for Division I college football and that eligibility rules are "commercial" in nature and thus subject to antitrust scrutiny when they restrain economic opportunities.
The NCAA can appeal Du's order to the Ninth Circuit, but the association stands by its eligibility rules, emphasizing their role in enabling student-athletes and schools to have fair competition. The NCAA spokesperson reaffirms the association's stance on eligibility rules, stating they ensure fair competition and broad access to college sports opportunities.
Braham, who played three seasons of JUCO football and then three seasons in D-I, including in 2024 when he started all 13 games for the Wolf Pack and was second in the team in receptions and receiving yards, seeks to play another season to sign NIL deals worth about $500,000 and develop his football skills in preparation for the NFL.
This ruling comes at a time when the NCAA is facing increasing pressure to reform its eligibility rules, with four players having filed a lawsuit against the NCAA using Braham's legal approach to challenge the five-year rule. The NCAA spokesperson suggests that partnering with Congress for an antitrust exemption on eligibility matters could provide clarity and stability for student-athletes.
The ongoing antitrust challenges facing the NCAA mostly stem from recent landmark litigation, court decisions, and settlements that fundamentally challenge the NCAA's traditional amateurism model and restrictions. Key points include the $2.8 billion House settlement, which resolved federal antitrust lawsuits against the NCAA and allowed Division I schools to allow athletes to receive direct NIL compensation, and controversies over NIL deal enforcement and the Collectives.
As these developments unfold, the NCAA's regulatory and eligibility frameworks continue to face increasing scrutiny, with courts and policymakers pushing for greater athlete compensation and freedom. The NCAA will undoubtedly face more challenges in the coming months and years as student-athletes and their advocates continue to push for reforms aimed at dismantling the NCAA's historical amateurism constraints on NIL compensation and benefits, legal battles over enforcement policies (especially booster collectives), the elimination or reform of participation limits like the five-year rule, and broader fights against legislative attempts to shield the NCAA from antitrust scrutiny.
- The ruling in favor of University of Nevada wide receiver Cortez Braham Jr., who seeks to extend his college football career for further education-and-self-development and career-development opportunities, is a significant step in the ongoing antitrust challenges against the NCAA, calling into question the fairness of the five-year rule in sports like football.
- Judge Du's decision, which found that eligibility rules in college sports are commercial in nature and thus subject to antitrust scrutiny, could potentially influence another antitrust lawsuit against the NCAA, aiming to overturn the five-year rule, similarly pursued by four other players.
- As the NCAA faces increasing pressure to address new antitrust challenges in college sports, partnerships with Congress for antitrust exemptions on eligibility matters might provide a path for clarity and stability in career-development preparation and educational opportunities for student-athletes, such as Braham, who are engaging in sports such as basketball and football.
