Texas Attorney General Ken Paxton (R) warned the Big 12 Conference that any attempt to sanction Texas Tech University for complying with a court order allowing quarterback Brendan Sorsby to play would violate state and federal antitrust laws and expose the conference to more than $200 million in potential liability.
Why did Paxton issue the warning?
AG Paxton sent a letter on behalf of Texas Tech University to Big 12 leadership after learning that conference officials and member schools were considering disciplinary action against the university for honoring a recent court order involving football player Brendan Sorsby.
The dispute stems from a June 8 temporary injunction issued in Sorsby v. NCAA, which prevents the NCAA from prohibiting Sorsby from practicing, playing, or otherwise participating with Texas Tech during the 2026 football season, subject to certain conditions, including a two-game suspension.
Texas Tech is not a party to the lawsuit but has continued supporting Sorsby's participation in accordance with the court order.
What legal risks did Paxton identify?
The Office of the Attorney General argued that any coordinated effort by the Big 12 and its member institutions to punish Texas Tech would constitute a horizontal agreement among competitors, which could violate both federal and state antitrust laws.
According to the letter, potential damages could include lost football revenue, recruiting losses, reduced alumni contributions, and attorneys' fees, with total exposure potentially exceeding $200 million.
What else could the Big 12 face?
Paxton's office also warned that conference actions resulting in canceled games, forfeitures, or schedule changes could constitute breach of contract. Additionally, interference with sponsorship agreements, ticket sales, and other commercial relationships could expose the conference to tortious interference claims.
What Paxton is saying
Attorney General Ken Paxton: "Texas Tech acted consistent with a lawful court order, and no athletic conference has the right to punish a member institution for respecting the judicial process."
AG Paxton continued: "Antitrust laws exist to prevent exactly this type of illegal coordinated effort to harm a competitor. Any attempt by the Big 12 to sanction Texas Tech for honoring the results of a lawsuit it was not a party to would carry serious legal consequences."
The Bottom Line
Texas officials are warning the Big 12 against taking any action against Texas Tech over Brendan Sorsby's eligibility, arguing that sanctions could violate antitrust laws and trigger costly litigation. The dispute adds another legal dimension to the ongoing debate surrounding NCAA eligibility rules and conference authority.
