Texas Attorney General Ken Paxton is threatening legal action against the NCAA’s Big 12 Conference after reports that league officials are considering sanctions against Texas Tech for allowing quarterback Brendan Sorsby to play under a court order.
In a letter to the conference, Paxton’s office warned that any attempt to punish Texas Tech for complying with a judicial ruling would be unlawful and could expose the Big 12 to significant legal liability.
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“Texas Tech is confident the Big 12 will choose to act within the confines of the law and respect both the judicial process and its own Rules and Bylaws,” the letter states. “However, should the Big 12 seek to sanction Texas Tech for acting consistent with the Order, Texas Tech will pursue all legal avenues to protect its interests and those of Texas Tech’s student-athletes.”
The attorney general’s office said it had learned the conference was considering invoking a bylaw that permits member schools to impose sanctions with approval from a supermajority of uninvolved institutions. Under the provision, Texas Tech could be forced to forfeit games in which Sorsby participates and potentially be barred from competing for a conference championship.
“We are aware that the Big 12 is considering invoking Bylaw 3.6 of the Big 12’s Bylaws to sanction Texas Tech for respecting the Order and continuing its support of Mr. Sorsby as a student-athlete,” the letter says. “This letter serves to notify the Big 12 that any such action would be unlawful and would expose the Conference to substantial liability.”
The dispute stemmed from a temporary injunction issued in a Texas state court on Monday that prevents the NCAA from enforcing a ban on Sorsby, allowing him to play for Texas Tech during the 2026 season while litigation continues.
In Monday’s ruling, District Court Judge Ken Curry said Sorsby “has demonstrated he will suffer a probable, imminent, and irreparable injury” if he could not participate in the upcoming season. The judge ordered instead that Sorsby would not participate in Texas Tech’s first two games of the season.
Sorsby, 22, admitted to placing more than 9,000 wagers totaling at least $90,000 during his college career. The bets included at least 40 wagers worth approximately $850 involving Indiana football between September and October 2022, when he was a member of the Hoosiers program. NCAA rules call for permanent ineligibility when a player wagers on their own team.
Paxton’s office argues that any conference sanctions against Texas Tech would amount to an illegal agreement among competing schools designed to disadvantage the university. The letter characterizes such a move as a “naked horizontal agreement” that would violate federal and state antitrust laws and claims the resulting damages could exceed $200 million.
The ruling has sparked concern across the NCAA. In a statement Monday, Big 12 Commissioner Brett Yormark said the court’s decision has created “great concern amongst our membership.” Utah athletic director Mark Harlan also criticized the ruling, saying he was “disheartened.”
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Paxton’s intervention also comes as the Texas Republican ramps up a high-profile Senate campaign against Democratic state Rep. James Talarico (D).
