Why the Texas attorney general warned the Big 12 about punishing Texas Tech, Brendan Sorsby

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Isaac Hale, Deseret News
The Brendan Sorsby saga has added a new key figure — Texas attorney general Ken Paxton.
In a letter sent to Big 12 commissioner Brett Yormark and board of directors chairman Douglas Girod, Paxton informed the league that it could face significant legal and financial consequences for punishing Sorsby, according to a Thursday report from Mark Schlabach of ESPN.
Paxton claimed the Big 12 would be held liable for “Texas Tech’s lost football revenues, damages to its alumni contributions and damages to its recruitment, plus attorneys’ fees,” per Schlabach, with the total cost being “substantially more than $200 million.”
Sorsby, who transferred to Texas Tech from Cincinnati in January, was previously ruled permanently ineligible by the NCAA following investigations of his gambling activity, which included him betting on Indiana football games while a member of the Hoosiers’ program in 2022.
However, retired Texas judge Ken Curry granted the senior quarterback a preliminary injunction earlier this week, rendering Sorsby eligible to play in 2026.
Curry’s ruling has proven controversial around the sports world, with Big 12 athletic directors meeting Tuesday to express their frustration on the matter.
According to Schlabach, leaders from around the Big 12 met on Thursday to discuss the possibility of using league Bylaw 3.6 to punish Texas Tech for playing Sorsby.
The Bylaw grants the Big 12 authority to discipline a member institution “engaged in any action or a course of conduct materially adverse to the best interests of the Conference taken as a whole” and can be carried out through a supermajority vote.
But Paxton said exercising Bylaw 3.6 in this situation would be “unlawful” and “expose the Conference to substantial liability.”
“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,” Paxton wrote. “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.”
Yormark has confirmed that he received Paxton’s letter.
“Shortly before the start of (Thursday’s) Big 12 Executive Board meeting, the Conference received a letter from the Texas Attorney General’s office notifying the Conference of potential legal action from Texas Tech if the Conference pursues certain actions under its Bylaws,” Yormark said in a statement.
“We are taking time with our legal counsel to understand the concerns of the state and will meet again with the full Board next week. We moved forward with our Executive Board today in preparation for our full Board meeting on Monday. We had a good and informative discussion. Sentiment among the Executive Board was no different from what we heard from the (athletic directors) earlier this week. Our discussion with the full Board will determine our course of action, and all options remain on the table.”
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Isaac Hale, Deseret News



