The 5 for 5 the new ncaa directive is the EO so no it doesn’t need legislation because the ncaa is implementing the 5 for 5 based on that. So yes the judiciary could look at the date of the EO and use that date as their benchmark as day 1 the NCAA implemented this new metric for eligibility. Also the ncaa directive dropped during the college basketball season. If Aberdeen gets through they will all get through.Executive orders are not law.
They effectively function as guidance to the branch on how an administration interprets legislation and have no impact at all beyond the term.