State Senator Jake Corman’s case with the NCAA received some breathing room Tuesday from Federal Court.

U.S. Middle Court Judge Yvette Kane ruled against the NCAA’s argument that the Endowment Act, which challenges the consent decree signed by Penn State, violated the U.S. Constitution. Kane refused to throw out the state law requiring the NCAA’s $60 million fine on Penn State to stay in the state of Pennsylvania. The AP first reported the ruling.

Although this may seem like a big win for State Senator Jake Corman and State Treasurer Rob McCord’s case against the NCAA and Penn State,  Kane deferred to a parallel case in Commonwealth Court that is set to go to trial next month. That was originally set for trial last week, but was delayed following Corman’s motion to review more documents related to the case in camera.

In her ruling, Kane wrote, “A judgment on the constitutional claims from this court, at this juncture, would unnecessarily interfere with state court proceedings and result in needless duplication. … [The] judicial economy would not be served were this court to undertake an independent review of the constitutional claims at issue here.”

The NCAA is argued that the Endowment Act violates the U.S. Constitution in that it restricts interstate commerce. The upcoming trial will also call into question the act, thus killing two birds with one stone.

McCord’s attorney relayed the State Treasurer’s reaction to the ruling to the AP saying, “Treasurer McCord is gratified by the court’s decision, and our focus is now to prepare for trial.”

The concurrent cases have already created a firestorm of bad publicity for the NCAA. The impending trial will surely be interesting for critics of the organization.