MORGANTOWN, West Virginia.
The eligibility battle involving several West Virginia athletes isn’t over yet.
The NCAA has appealed the preliminary injunction that made WVU basketball players Brenen Lorient and Javan Buchanan, football cornerback Jason Chambers and baseball player Ben McDougal immediately eligible for the 2026-27 season.
The appeal was first reported by Jon Rothstein and attorney Sam C. Ehrlich, who shared the Notice of Appeal filed Friday in the U.S. District Court for the Northern District of West Virginia.
The NCAA will appeal the preliminary injunction that allowed West Virginia's Brenen Lorient and Javan Buchanan to be immediately eligible earlier this week. https://t.co/pGyHvGaVrY
— Jon Rothstein (@JonRothstein) October 2, 2026
The appeal comes just days after U.S. District Judge John Preston Bailey handed the Mountaineers a major victory by granting a preliminary injunction against the NCAA. Bailey ruled that the NCAA could not enforce its Five-for-Five eligibility rule against the four WVU athletes, allowing all four to compete this season. (Justia Law)
Now, the NCAA is challenging that decision.
The important thing for West Virginia fans to understand is that an appeal does not automatically wipe out Bailey’s injunction. Unless an appellate court stays or overturns the injunction, Bailey’s order remains in effect and the players remain eligible to compete.
That is particularly important for Jason Chambers and the WVU football team. Chambers started all 12 games for West Virginia last season, finishing with 34 tackles and an interception, and Bailey’s ruling made him eligible to return to the field immediately. (West Virginia Daily News)
For Ross Hodge and the basketball program, the stakes are just as significant. Lorient started all 34 games for WVU last season and averaged 11.9 points per game, while Buchanan averaged 12.6 points and five rebounds last season at Boise State. Getting both players back dramatically changes the depth and experience of West Virginia’s frontcourt. (WVVA)
There is also another very important part of Bailey’s ruling that shouldn’t be overlooked.
Bailey specifically blocked the NCAA from enforcing its Rule of Restitution against the players or West Virginia for relying on his injunction. In other words, WVU has significant protection under the current court order if it allows these players to compete while the legal process continues. (Justia Law)
So, for now, this is certainly something to watch, but it doesn’t mean Lorient, Buchanan and Chambers suddenly have to sit out again.
The NCAA is appealing. That’s significant.
But unless and until another court stays or overturns Judge Bailey’s preliminary injunction, the ruling that made these Mountaineers eligible remains in place.
This fight isn’t over. In fact, it looks like it’s just moving to the next round.
