Ohio Governor Mike DeWine signed an executive order Tuesday that prohibits state universities from enforcing NCAA eligibility rules tied to name, image, and likeness compensation, setting up what three sports law professors interviewed Wednesday called "textbook federal preemption grounds for immediate injunction."
The order bars Ohio State, Cincinnati, and the state's 11 other Division I programs from penalizing athletes who accept payments that violate existing NCAA guidelines. It arrives six weeks after the NCAA settled *House v. NCAA* for $2.78 billion and three months before the association planned to implement its revised athlete-compensation framework. DeWine's directive does not create new NIL rights—Ohio athletes already operate under a 2021 state law permitting endorsement deals—but it strips enforcement mechanisms, leaving athletic departments unable to bench players who accept money the NCAA deems impermissible.
The practical effect is jurisdictional chaos for compliance officers. Ohio State's athletic department oversees 36 varsity programs and roughly 1,000 scholarship athletes, many of whom now face conflicting mandates: NCAA rules that threaten postseason bans for collectives paying "pay-for-play" deals, and a state executive order that forbids universities from acting on those threats. The university's general counsel office declined comment Wednesday, but two compliance directors at peer Big Ten schools said their institutions are reviewing whether similar state-level orders would trigger Title IX liability if male athletes in high-revenue sports capture disproportionate NIL flows that schools cannot regulate.
Legal experts expect the NCAA to file in federal court within 30 days, arguing that DeWine's order interferes with the association's ability to maintain competitive balance across state lines—a claim that succeeded in *NCAA v. Alston* when the Supreme Court upheld the association's right to impose education-related limits, even as it struck down compensation caps. The governor's timing is notable: his order lands while Congress debates the *College Athletics Governance Act*, which would grant the NCAA a limited antitrust exemption in exchange for revenue-sharing transparency. If Ohio's order stands, 11 other states with pending NIL-expansion bills are expected to follow, fracturing enforcement further and raising the stakes for federal legislation.
The financial pressure is measurable. Opendorse data shows Ohio-based collectives distributed $47 million in NIL payments during the 2024-25 academic year, with $31 million flowing to football and men's basketball athletes. Under the incoming *House* settlement framework, schools will be allowed to share up to $20.5 million annually in direct athlete payments starting in fall 2025, but only if the NCAA can enforce roster caps and transfer rules—provisions DeWine's order now undermines. Three family offices with exposure to Ohio State-adjacent collectives told colleagues this week they are pausing new capital commitments until the legal picture clarifies.
What compounds the uncertainty is DeWine's justification. The governor cited "fairness" and "Ohio's competitive advantage," language that echoes the state-by-state NIL patchwork that forced the NCAA to suspend its own rules in 2021. But this order goes further: it does not merely permit athlete income; it strips the governing body's ability to sanction programs that allow it. One former NCAA enforcement director, now in private practice, called it "an invitation to forum-shop," predicting that collectives in other states will pressure governors to issue copycat orders before the 2025 football season.
Watch for the NCAA's response by mid-February, likely in the Southern District of Ohio, where the association has venue history. Separately, watch whether Ohio State's next quarterback recruit—who has visited campus twice since December—mentions the order in his signing-day interview. His father is a tax attorney. Finally, watch whether the Big Ten Conference, which has remained silent on state-level NIL conflicts, weighs in publicly; commissioner Tony Petitti has a March 6 meeting with university presidents where competitive-balance concerns are already on the agenda.
DeWine's order will either accelerate federal NIL legislation or fragment college sports governance beyond repair. The NCAA has 28 days to decide which outcome it prefers.
The takeaway
Ohio's executive order blocking NCAA eligibility enforcement sets up a preemption lawsuit and invites 11 other states to fracture athlete-compensation rules before fall.
Editorial & Disclosure Notice: This article was written with artificial intelligence from public sources and is published without individual human review. Artificial intelligence and other digital tools are also used for research, analysis, editing, formatting, and production. Errors, omissions, outdated information, or inaccuracies may occur. References to companies, brands, products, services, organizations, or individuals are for informational and editorial purposes and do not imply endorsement, sponsorship, affiliation, partnership, or approval unless expressly stated. All trademarks and other intellectual property remain the property of their respective owners. Opinions, analysis, estimates, and commentary are informational only and should not be construed as financial, investment, legal, tax, medical, procurement, or other professional advice. Information may be corrected, clarified, or updated after publication. Corrections or removal requests: jenny@pops4.com.
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