Judge Bailey’s Order Calls For No Restitution During 14-Day TRO

West Virginia Judge John Preston Bailey issued a 14-day TRO, allowing all multi-time transfers to be eligible with no punishment. In Bailey’s order, he also calls for no restitution so the NCAA can’t punish the student-athletes or schools.

Here’s what Bailey had to say about restitution in his 31-page order.

“It appears to this Court that the Rule of Restitution’s purpose is to punish challenges to the NCAA’s anticompetitive rules by attempting to deprive courts of the ability to grant effective relief and depriving individual student-athletes and member institutions of the practical ability to rely on court orders in their favor. The Rule of Restitution forces student-athletes to run the risk of severe personal punishment and the risk of subjecting their institutions or teammates to the harsh sanctions of the Rule of Restitution simply by following the terms of a court order. For instance, suppose this Court issues an injunction that allows a student-athlete, like RaeQuan Battle, to play for the remainder of the 2023—2024 basketball season. Suppose, hypothetically, WVU goes on to win the Big 12 Championship and National Championship. If this Court does not enjoin NCAA Bylaw 12.11.4.2, NCAA could require that WVU be stripped of the Big 12 and National Championship Titles, all over WVU following a court order instructing WVU that RaeQuan Battle is good to play on gamedays. Thus, this Court will enjoin NCAA from enforcing the Rule of Restitution against student-athletes and their respective institutions.”

Bailey concluded his order by stating that, “This Court hereby issues a temporary restraining order for fourteen (14) days and hereby ORDERS the NCAA is ENJOINED from enforcing the Transfer Eligibility Rule, NCAA Bylaw 14.5.5.1, insofar as it requires a transferor to sit out for an academic year of residence, and the Rule of Restitution, NCAA Bylaw 12.11.4.2 until a hearing on the Preliminary Injunction is heard on Wednesday, December 27, at 10 a.m.”

Here's an important part of Judge Bailey's order on the states v. NCAA

"Thus, this Court will enjoin NCAA from enforcing the Rule of Restitution against student-athletes and their respective institutions." pic.twitter.com/nJz7cvdQdc

— Ethan Bock (@ethanbock_) December 13, 2023

So in summary, West Virginia is allowed to play Battle and Noah Farrakhan for the next 14 days without future punishment towards the program.