Here is the full decision in Tristan Smith v. NCAA, in case you want to read it:
heitnerlegal.com/wp-content/…
The Court merely cited Sorsby v. NCAA to identify the types of irreparable harm that exist when the NCAA renders an athlete ineligible. As the Court noted, I also represented Malik Benson. Had Benson not received an extra year to play at Oregon, may have not been selected by an NFL team. That's why it's irreparable harm; it cannot be remedied by monetary damages.
State courts are not "allowing student-athletes to circumvent longstanding eligibility rules." They are holding the NCAA accountable to its own rules, which the NCAA has and continues to arbitrarily enforce.
The solution is simple. Stop selectively enforcing rules. The NCAA gave JUCO players in Diego Pavia's graduating class an extra year of eligibility. It needs to do the same for all former JUCO players. Otherwise, it's an arbitrary exception for one class of athletes without any foundation whatsoever.
The same issue will be litigated for players who just graduated and seek to benefit from the expected 5-in-5 rule. It's the exact problem the NCAA keeps confronting. Despite its massive legal war chest, it cannot figure out how to uniformly and equitably apply its rules. Fix your own problems and stop begging Congress to figure it out for you.
The Sorsby decision was never about only one student-athlete. We are already seeing downhill effects in other eligibility cases in which state courts are allowing student-athletes to circumvent longstanding eligibility rules, citing Sorsby outcome as part of the court’s precedent.
Another example of why we need Congress to pass the Protect College Sports Act, authorizing the association to apply common sense eligibility rules consistently for all student-athletes and schools, regardless of the state or local court system.