Auburn wing Mantas Rubštavičius’ journey to try and play for the Tigers basketball team this year made a stop at the Lee County Justice Center in Opelika Friday morning.
Lee County Circuit Judge Jeffrey Tickal heard arguments from attorneys for Rubštavičius and the NCAA for more than 90 minutes. Rubštavičius was requesting a temporary restraining order against the NCAA after it had denied his eligibility last month.
Judge Tickal declined to rule on the TRO today. He ordered counsel to provide briefs by end of business Tuesday, October 20th. Tickal then indicated he could rule on the TRO before Auburn’s next exhibition game against Alabama on Thursday, October 22nd. He also set a preliminary injunction hearing for Nov. 4th and 5th.
Rubštavičius’ attorney, Joshua J. Jackson, from Samford & Denson, LLP, in Opelika, argued the NCAA changed their eligibility guidelines on May 8, 2026, after Rubštavičius had already signed his revenue sharing and financial aid paperwork with Auburn. The university also subsequently sent all necessary documentation to the NCAA for Rubštavičius to be eligible for the 2026-2027 season, prior to May 8th.
The NCAA was represented by Cason Kirby of Holland & Knight, LLP from Birmingham. Kirby explained to Tickal that the NCAA had changed its guidance due to a large number of fraudulent wavier requests from international players trying to gain eligibility. Kirby also argued that Rubštavičius was ineligible due to his age and the number of years he played after high school.
Jackson countered that one of the season’s Rubštavičius played should not count against him because Rubštavičius was competing for a spot on the Lithuanian National Team. The NCAA has a bylaw that grants a waiver under those circumstances.
Jackson argued that Rubštavičius would suffer irreparable harm without the TRO because he would not be able to repay the €300,000 ($336,000) buyout he owes his Lithuanian team, without playing basketball for Auburn this season and earning his revenue share and NIL compensation.
Jackson further stated that his client would never have signed with Auburn had he known of the NCAA’s impending decision to change their eligibility rules.
Jackson argued that at least two other international players at Ole Miss and Texas were granted eligibility after Jackson claimed they played more games in the G-League and received more money than Rubštavičius. Kirby responded that, unlike Rubštavičius, none of those players are 24 or older.
Should Tickal grant the TRO, then Rubštavičius would be eligible to play for the Tigers, at least until the preliminary injunction hearing on Nov. 4. That is the date Auburn tips off the regular season against Southeastern Louisiana at 7 p.m. inside Neville Arena.
