Texas Attorney General Ken Paxton (R), who is running for U.S. Senate, has warned the Big 12 Conference that his office would consider legal action against any institution that sanctions Texas Tech over its decision to allow quarterback Brendan Sorsby to compete.
In a letter sent to Big 12 Commissioner Brett Yormark and Kansas Chancellor Douglas Girod, Paxton argued that punishing Texas Tech "would be a per se violation of federal and state antitrust laws — a naked horizontal agreement among competitors to disadvantage Texas Tech by cutting off access to the resources it needs to compete," according to The Associated Press.
The legal threat comes as reports surfaced that some Big 12 schools are considering refusing to play Texas Tech if Sorsby takes the field. Paxton's office stated such actions would constitute "breach of contract and tortious interference."
Sorsby, who was among the top players in the transfer portal last season, was suspended by the NCAA for violating its gambling policies. He has admitted to betting thousands of dollars on multiple sports, including college football games involving teams he previously played for.
The quarterback recently completed a rehabilitation program for gambling addiction and filed suit against the NCAA seeking reinstatement. A judge ruled in his favor earlier this week, though Sorsby will miss the first two games of the season as a condition of his return.
What the Left Is Saying
Progressive advocates and some Democratic lawmakers have expressed support for Sorsby's path to rehabilitation, arguing that collegiate athletics governance should account for players' well-being alongside rule enforcement.
"Student-athletes deserve due process protections just like any other young person," said one sports law professor who studies NCAA policies. "The fact that a court found in his favor suggests there were legitimate questions about whether the punishment fit the offense."
Some critics of the Big 12's reported stance have framed it as an overreach by member institutions into another school's personnel decisions. The argument holds that conference members should compete based on roster choices made within existing rules, rather than attempting to collectively punish schools for judicial outcomes they disagree with.
What the Right Is Saying
Conservative commentators and some Big 12 supporters have defended the right of member schools to set competitive standards for their conferences.
"Conference members have a legitimate interest in the integrity of competition," said one sports industry analyst. "If there's concern that playing against Sorsby creates an unfair advantage or undermines public confidence, schools should have input on those decisions."
The NCAA has been vocal in its criticism of the court ruling reinstating Sorsby and has pointed to cases like this as evidence for why Congress should grant the organization antitrust exemptions. Such protections, according to NCAA arguments, would allow it to better enforce eligibility rules without judicial interference.
Some conservative voices have also questioned whether a state attorney general should involve his office in what they characterize as private conference governance matters between member institutions.
What the Numbers Show
Brendan Sorsby threw for 2,202 yards and 19 touchdowns last season before entering the transfer portal. He was ranked among the top available quarterbacks in that cycle.
The NCAA has reported a significant increase in gambling-related violations across college sports since the Supreme Court struck down the Professional and Amateur Sports Protection Act in 2018, leading to expanded legal sports betting in many states.
Texas Tech's football program has not commented publicly on whether it received or expects any formal sanction from the Big 12. No conference disciplinary proceedings have been announced as of publication time.
The Bottom Line
Paxton's intervention escalates what began as a conference dispute into a potential legal confrontation between Texas and the Big 12's member institutions. Whether his office would ultimately pursue litigation remains unclear, but the threat itself signals that Texas Tech intends to play Sorsby regardless of pushback from peer schools.
The broader stakes extend beyond this single game. The NCAA is actively lobbying Congress for antitrust protections it argues are necessary to enforce eligibility standards consistently across college athletics. Cases like Sorsby's, where courts have overridden NCAA decisions, strengthen the organization's argument that current law limits its ability to govern effectively.
What happens when Texas Tech takes the field with Sorsby at quarterback will likely determine whether this remains a legal threat or becomes an actual lawsuit. Big 12 member schools must decide by season opener whether refusal to play constitutes breach of their conference obligations, tortious interference, or legitimate competitive caution.