Two Lobos' futures with New Mexico are now firmly in question.
The U.S. Court of Appeals in the 10th Circuit granted a stay request to the NCAA on Friday as part of the Wisne v. NCAA lawsuit, pausing a class-wide preliminary injunction that provided a fifth year of eligibility to hundreds of college athletes.
In July, a federal judge in Colorado issued an injunction through the Wisne lawsuit that allowed athletes who played four seasons in four years and exhausted their eligibility this year to play a fifth year. Two UNM football players – defensive end Brett Karhu and cornerback Azariah Levells – have practiced under that injunction since Aug. 5.
Karhu has been a regular starter on the Lobos' defensive line since returning to UNM.
In a statement provided to the Journal, UNM athletic director Ryan Berryman said Karhu and Levells will not practice as the department continues to monitor "daily, even hourly, updates" to eligibility cases.
"The motion to stay granted today renders the student-athletes affected by the Wisne case ineligible, effective immediately, while the appeals process," the statement continued. "Our student-athletes will remain on campus, but removed from countable athletic-related activity, while awaiting future developments related to the appeal or similar cases."
While the stay order will prevent some athletes from playing a fifth year, others won't be affected. Players who received temporary restraining orders or temporary and preliminary injunctions from state courts – such as former UNM kicker Luke Drzewiecki, who transferred to Minnesota on Friday – are still eligible to play this season.
Karhu sued the NCAA through the 2nd Judicial District Court in July, arguing that the organization breached the "covenant of good faith and fair dealing" by not allowing him a fifth year of eligibility after switching to an age-based eligibility model.
Tuesday, his request for an emergency hearing was denied. But Karhu will be able to renew his request if the "nationwide injunction that currently enjoins (the) NCAA from enforcing the eligibility rules that (Karhu) challenges in this lawsuit is lifted or stayed."
UNM general manager Beau Davidson told the Journal that Levells is working on an eligibility case of his own.
Friday's stay order is the latest development in a summer that has seen dozens of lawsuits filed after the NCAA adopted the "five-for-five" rule in June. The policy allows athletes five years to play five seasons starting with their full-time enrollment or the season after their 19th birthday, whichever comes first.
The application of the rule has been challenged in various state courts since the change went into effect. Multiple lawsuits — including Karhu's — have questioned the decision to allot fifth years for players that graduated high school in 2023 and 2024, but not 2022.
"The NCAA's conduct has harmed Mr. Karhu by creating a poorly designed hard and fast rule with only arbitrary exceptions," his lawsuit claimed.
The NCAA said in a statement Friday that it will continue to defend similar eligibility lawsuits even after the Wisne injunction was stayed.
"Institutions will not have violations for any class members who were allowed to compete consistent with the scope of the Wisne injunction prior to the stay being granted, and those former student-athletes are no longer eligible under the Wisne injunction," the statement continued.
Monday, UNM added Memphis transfer safety Jayden Flaker to its roster after he secured a restraining order to play this year through a Texas state court. The Scarborough, Maine native exhausted his eligibility earlier this year and participated in the Buffalo Bills rookie minicamp before joining the Lobos.
Unlike the Wisne injunction, Flaker's restraining order allowed him to transfer to another school. He is not expected to be affected by Friday's stay order.
Without Karhu and Levells, UNM might not have to cut players to meet its roster limit. Not including designated student-athletes or players who are out for the year due to an injury, the Lobos need to have only 105 players on its roster by their season opener.
"We may, but we may not (have to cut players)" head coach Jason Eck said on Monday. "It's kind of up in the air — if everyone got healthy all of a sudden, we probably would have to make some moves. But I don't think we're gonna have that problem."
Sean Reider covers college football and other sports for the Journal. You can reach him at sreider@abqjournal.com or via X at @lenaweereider.
