The Big 12 Sues First Before Punishing Tech

And are the Feds getting involved?

The Big 12 has historically been a league known for offense. Appropriately, the conference went on offense this morning to ensure it can enforce potential sanctions against Texas Tech.

Instead of waiting for a reactive lawsuit from the Red Raiders after issuing sanctions, the league filed its own federal lawsuit in the Northern District of Texas today. It is seeking both a declaratory judgment and injunctive relief affirming the conference’s authority to punish Texas Tech for playing QB Brendan Sorsby. 

In essence, the Big 12 is asking a federal court to bless its ability to punish the Red Raiders before actually doing it. If the Big 12 is successful, it would create a much higher legal hurdle for Tech to clear when fighting back.

It’s all in response to Texas Attorney General Ken Paxton, who threatened legal action against the Big 12 on Texas Tech’s behalf if the conference punishes the Red Raiders for playing Sorsby. 

Attorneys general in Kansas, Oklahoma, and Utah have since come forward in support of the conference punishing Texas Tech.

What will the punishment actually be?

The Big 12’s presidents had a board meeting today, but didn’t make any decisions. All options are still on the table. 

Yahoo’s Ross Dellenger reports that the punishments being discussed include monetary sanctions and/or a ban on competing in the Big 12 championship game if Sorsby plays.

There’s no way the Big 12 would go through all of this trouble just to hit Tech with a fine, so rest assured, a Big 12 championship game ban is very much on the table. 

A clean way out would be for Sorsby to decide this isn’t worth it and enter the NFL supplemental draft, but according to Dellenger, he may not be able to.

So here we are. The Big 12 has decided it has the guts to move forward with a battle against its loudest and arguably biggest current brand.

I said last week that I didn’t think the juice was worth the squeeze for the league to take this path. The Big 12 taking a stand won’t stop the next player caught betting on his team from seeking a temporary injunction, and I doubt it would influence another conference to follow suit in a similar scenario. It’s also going to be incredibly messy and will further damage an increasingly testy relationship with the Red Raiders.  

But I respect the Big 12’s course of action immensely. 

Stand for something, or you’ll fall for anything, as the old saying goes. And this is a just cause to stand for. 

That’s not a shot at Texas Tech, by the way. It’s me saying that if the NCAA can’t enforce its most sacred rule to protect the long-term interests of everybody in college sports, I certainly understand doing what you can to step up in its place.

The harsh reality for both Texas Tech and the Big 12 is that they need each other. The relationship may be rocky for a while, but what can either party really do?

My buddy Ryan Hyatt, who has covered Texas Tech for 38 years, said it best when he proclaimed that divorce is expensive, and both Tech and the Big 12 are poor, at least in college football brand power.

There’s no kicking Tech out of the league or boycotting games against the Red Raiders, as some have humorously suggested. Way too much money is at stake to do that. 

And whether you like its attitude or not, Texas Tech spending at a championship level is exactly what the Big 12 needs. Even Brett Yormark himself has said in the past that it would be good for a program or two to emerge as a perennial championship contender. 

A rising tide lifts all boats, and the Red Raiders’ water level is rapidly climbing. 

But there’s also no SEC or Big Ten lifeboat sailing the Lubbock seas right now. Could Texas Tech play its way into one of the Power Two conferences eventually? Perhaps. 

It will take years, though. And any notion that the Big 12 punishing Tech now will push the Red Raiders out in a couple of years is laughable. 

The Big 12 could preemptively declare Texas Tech the 2026 Big 12 champion and throw a parade through downtown Lubbock this weekend, and Tech would still be on the first train out of town if the SEC or Big Ten offered a spot.

Any Big 12 school would leave in a heartbeat for either of those leagues if given the chance, no matter how well they’re treated by Yormark or how much they love their conference mates. That’s just business. 

Unless the Red Raiders want to go independent (good luck), there is no leverage for Texas Tech to demand special treatment. Even if that were to happen, Tech would be in a much worse spot than the remaining 15 Big 12 schools. 

So here we are. The Big 12 and Texas Tech are stuck in a contentious, tumultuous marriage as we all hurry up and wait for the court system to sort Sorsby’s ability to play football out. 

Speaking of that, the NCAA today filed both an emergency motion to stay the temporary injunction that gave Sorsby his eligibility back and a motion seeking an expedited appeal by August 28.

If either of those hit, the Big 12 wouldn’t have to sanction Tech to keep Sorsby from playing.

This is far from over, both for Texas Tech’s relationship with the Big 12 and for the court battle over Brendan Sorsby’s ability to play college football.

What You Need to Know

  • The Feds could still get involved in the Brendan Sorsby case, which is something to watch out for after new information came to light. 

  • Will the Big 12 win in court and be able to sanction Texas Tech? Here is some great legal insight. 

  • Texas head coach Steve Sarkisian took another big shot at Texas Tech this week. 

  • West Virginia started 1-1 at the College World Series and faces Troy in an elimination game at 2:00 Tuesday.

  • Collin Klein’s recruiting heater continues for K-State football.

  • Want your Big 12 news and analysis in podcast form? Listen to Open For Business at the gym, in your car, or first thing in the morning on Apple Podcasts, Spotify, or YouTube.

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