TEMPE, Ariz. — Arizona State guard Adam Miller and several other college basketball players who have transferred twice before earning their undergraduate degrees could now become eligible for the rest of the 2023-24 season, according to a post on X (formerly known as Twitter) by Ohio Attorney General Dave Yost, who is leading the multi-state lawsuit against the NCAA for the "Anti-Competitive Transfer Eligibility Rule."
Miller has been waiting almost eight months to wear the maroon and gold for the first time in a game after transferring from LSU.
That was Miller's second transfer as an undergraduate, as he started his career playing in his home state for the Illinois Fighting Illini in 2020-21, where he started all 31 games.
He then transferred to LSU where he spent the 2021-22 and 2022-23 seasons with the Tigers before transferring to play for the Sun Devils.
Miller is a redshirt junior after sitting out the 2021-22 season due to injury.
As a two-time transfer, Miller was required by the NCAA to sit out for a season before being eligible to play, unless a waiver was granted.
Miller applied for a waiver, but ASU head coach Bobby Hurley announced last week that it had been denied, making Miller ineligible to play this season.
"I have just been notified that the NCAA has chosen to deny Adam's waiver," a statement from Hurley on December 8 read. "After spending the last few months with Adam as we awaited the decision, I know this news does not come easy for him. My primary focus is Adam's mental health and ensuring he has the proper support and care during this difficult time."
The grounds for the waiver request have not been announced by ASU.
However, on Wednesday, a federal judge in West Virginia issued a 14-day temporary restraining order (TRO) against the rule requiring two-time transfers to sit out, allowing several athletes, including Miller, to play immediately. At the time, it was not clear if playing during the 14-day window would cause athletes to lose a year of eligibility.
After that was announced, during an appearance on Arizona Sports 98.7 FM, Hurley said he expected Miller to play for ASU this upcoming Saturday when the Sun Devils take on TCU in Fort Worth, Texas, and in ASU's game against No. 25 Northwestern in Jerry Colangelo's Hall of Fame Classic at the Footprint Center in downtown Phoenix on Dec. 20.
The two-time transfer saga developed further on Thursday, when the NCAA issued a statement saying that two-time transfers who play while the TRO is in effect will in fact lose a season of eligibility if the ruling is reversed, according to ESPN. A hearing in federal court on the restraining order was scheduled to be held on December 27.
"I spoke with Adam about every possible scenario, and it's his desire and will to want to play on Saturday," Hurley told reporters on Thursday. "Adam is prepared to accept the consequences of playing in these two games. He's got three years of eligibility and he's already been in college for a number of years, so I don't think that's going to impact him."
Hurley added that Miller looked relieved after the TRO was issued.
"His teammates know what he's been through and how stressful this has been for him considering he's already got some mental health factors that were a part of his waiver," Hurley said. "And then the denial was a real setback to him. You could see what that took out of him, but to have this decision in his behalf now, you could see his teammates were just, like, embracing him and they could tell what a weight was lifted off his shoulders."
ASU point guard Frankie Collins said he is excited to finally play a game with Miller.
"He always brings great energy into the day, into practice," Collins said. "Knowing that he's going to be able to go out there and play with us on the floor, that just helps us and that makes us that much better."
But it now appears that decision has been reversed as Attorney General Yost announced that the NCAA has agreed to terms that include "no retaliation against players who play during the temporary restraining order" and for the TRO to be converted to a preliminary injunction, which would be in effect until the end of spring sports in June.
The terms of the agreement with the NCAA still need to be approved in federal court, but if and when they are, that means Miller and other two-time transfers would become immediately eligible to play for the rest of the season.
"Given the unprecedented decision by the courts earlier this week, the NCAA has reached an agreement with the States to convert the temporary restraining order into a preliminary injunction through the remainder of the 2023-24 NCAA championship season, as this is the best outcome for multiple-time transfer student-athletes wishing to compete immediately," the NCAA said in a statement. "This action provides clarity for student-athletes and member schools for the remainder of the academic year — any multiple-time transfer student-athlete who competes this season will be subject to the same eligibility and use of a season of competition rules as all other student-athletes."
Arizona sports
The city of Phoenix is home to five major professional sports league teams; The NFL's Arizona Cardinals, NBA's Phoenix Suns, WNBA’s Phoenix Mercury, MLB's Arizona Diamondbacks and NHL's Arizona Coyotes.
The Cardinals have made State Farm Stadium in Glendale their home turf and the Footprint Center in downtown Phoenix is home to both the Suns and the Mercury. The Indoor Football League’s Arizona Rattlers play at Desert Diamond Arena in Glendale. The Coyotes play at Mullett Arena on ASU's Tempe campus.
Phoenix also has a soccer team with the USL's Phoenix Rising FC, who play at Phoenix Rising FC Stadium in Phoenix.
The Valley hosts multiple major sporting events on a yearly basis, including college football's Fiesta Bowl and Guaranteed Rate Bowl; the PGA Tour’s highest-attended event, the WM Phoenix Open; NASCAR events each spring and fall, including Championship Weekend in November; and Cactus League Spring Training for 15 Major League Baseball franchises.
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