Syracuse wide receiver Justus Ross-Simmons walked into Onondaga County Supreme Court on Wednesday looking for a preliminary injunction that would keep him on the field for Syracuse. What he got, at least early on, was a judge openly baffled by the NCAA’s decision not to send anyone to defend its own case.
Ross-Simmons sat beside his mother and sister during the hearing. Behind them were members of the SU football program, including general manager Tommy Caporale and director of operations Ryan Kelly.
On the other side was Christine Taylor, an Albany-based lawyer with Goldberg Segalla, there to represent the NCAA’s interests. Judge Jean Marie Westlake immediately asked whether anyone from the NCAA itself was present.
They weren’t.
“Interesting,” Westlake said.
From there, the hearing tilted sharply against the NCAA’s position. Westlake repeatedly pressed Taylor, questioned the logic behind the eligibility rules at issue, and even said she felt for the lawyer having to stand in alone for the organization. She did not rule on the injunction Wednesday, and Ross-Simmons’ attorneys said Westlake told them to expect a decision within a couple of weeks.
For now, Syracuse’s No. 2 receiver in catches and yards remains eligible to suit up. If Ross-Simmons wins the injunction, he could keep playing for the rest of the season.
If he loses, he would likely be benched. Either way, the case appears headed for appeals.
Westlake’s skepticism was not limited to the NCAA’s courtroom no-show. She has now heard eligibility arguments in Syracuse-related cases twice in the past month, part of a wider wave of lawsuits around the country.
Just nine days earlier, she was on the bench for a similar case involving SU basketball player Amarri Monroe, which is also still awaiting her ruling. In both matters, Ross-Simmons, Monroe and the Syracuse athletes were represented by Dean DiPilato, Steven Eychner and Dan Greene of Newman & Lickstein.
The central fight in Ross-Simmons’ case is the NCAA’s new eligibility structure, approved last June. The overhaul grants athletes born before a certain deadline five years of eligibility once they enter college, while stripping away the redshirt and waiver paths that once stretched careers into seven or eight seasons.
The NCAA said the new line was needed to avoid roster chaos. DiPilato pushed back, saying there was no evidence chaos would have followed.
Westlake kept returning to the same basic question: why the NCAA drew the line where it did. She said she was still waiting for a convincing explanation of why some athletes can play a fifth season while Ross-Simmons and Monroe cannot because they did not redshirt.
“They have to draw a line somewhere,” Taylor argued.
“I keep hearing that,” the judge said. “Why there? Why not say all of the Class of 2022 is not eligible?”
“As I understand it. ...” Taylor began.
“Your understanding?” Westlake asked.
“I’d love to be able to ask your clients but they aren’t here. ... It’s really telling that nobody from the NCAA had the courtesy to show up.”
Westlake also pressed Taylor on the NCAA’s own court victories, asking for explanations of those rulings so she could compare them with the arguments in Ross-Simmons’ lawsuit. The NCAA cited those wins in filings.
DiPilato countered that the organization has also lost in appeals courts. The mixed results have helped produce a season in which schools are operating under different rules depending on where they are.
The judge was especially focused on the NCAA’s claim that its age-based model creates consistency across Division I. She did not sound convinced.
“Isn’t this a mess?” Westlake asked.
“Isn’t this an absolute mess that is interfering in Division I sports? What’s really telling for me is the (NCAA says) the age-based model ensures consistent standards across Division I.
“Is this consistent? Don’t you think the NCAA should say, ‘Wait a minute, we’ve got an issue here.’
This is not consistent. This has to be addressed, and it seems like they’re not addressing it.
They’re just saying we need to draw a line somewhere. I’m just a little perplexed.”
Another key dispute centered on the wording of the eligibility rule itself. DiPilato argued the official rule does not specifically exclude athletes like Ross-Simmons and Monroe.
Taylor said the written rule is only a summary and should be read alongside the NCAA’s related materials, including minutes from a Division I Board of Directors meeting that approved the change. Those minutes say the new rules apply to “athletes with eligibility remaining.”
Westlake’s questions suggested she was not persuaded. She pointed to the language in the bylaw and asked, “Where is Mr. Ross-Simmons excluded from play in the four corners (or the bylaw)?”
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