Big 12 taking legal action against Texas Tech

[Hank South]

 

[Jbro52]

Props to the Big 12 for this!

[Sanka Decaf]

So, now the B12 gets to make its argument as to why it will be irreparably harmed if Sorsby plays.  

[CJ Vogel]

 

[Joe Zura]

Well well well 

[Hookem72]

Edited 1 hour ago by Hookem72

[Deep in the heart]

Good for the Big 12. Not sure if anything will come of it but I'm glad they are at least making an attempt.

[Jeff Howe]

 

[Jbro52]

11 minutes ago, CJ Vogel said:

 

Translate that into English for us @CJ Vogel lol

[Hookem72]

When Texas Tech joined the Big 12, they agreed to abide by its rules—so it always seemed crazy to me that Cody Campbell would say you can’t punish us for that because that would be collusion.  Well hell yes it is collusion, but its a collusion Tech agreed to allow happen.  

[Tuco Ramirez]

[texcoyote15]

Probably depends on which Judge gets this as to the outcome. 

[marathon]

Why are they asking a federal court if they can invoke their own bylaws?

[General Grant]

I hope Tech loses obviously.  I’m holding my nose and applauding an entity and commissioner I will always detest. 

[General Grant]

Just now, marathon said:

Why are they asking a federal court if they can invoke their own bylaws?

I assume to preempt the crap Paxton is trying to do. 

[Hookem1012]

F the big 12 but man, good for them. 

[Jerky]

7 minutes ago, marathon said:

Why are they asking a federal court if they can invoke their own bylaws?

I asked AI some questions, including a question like yours a moments ago. 

AI responses to my questions.

 

 

The Big 12's use of a First Amendment strategy is a highly calculated, aggressive legal maneuver. While you are entirely correct that a standard breach-of-contract claim based on the bylaws seems more direct, the conference introduced the First Amendment precisely because the Texas Attorney General escalated the battle into a constitutional arena.

The First Amendment strategy significantly strengthens the Big 12's position, serves as their ticket to federal court, and counters the massive state-level interference they are facing.

1. Why the First Amendment? (The "Freedom of Association" Shield)

The Big 12 is invoking the constitutional right to Freedom of Association. Under established U.S. constitutional law, private, voluntary organizations (like a sports conference) have the right to associate with whoever they want, set their own internal standards, and self-govern without government interference.

The Problem: If the Big 12 just argued "Texas Tech broke our contract," Texas Attorney General Ken Paxton would use the power of the state to counter-sue, claiming the bylaws violate state antitrust laws or tortiously interfere with Texas Tech's business.

The Solution: By using the First Amendment, the Big 12 is arguing that the State of Texas (via AG Paxton) is violating the conference's constitutional rights by trying to force them to accept an athlete who breaches their core ethical standards. Constitutional rights trump state laws and antitrust claims.

2. Is This Just to Get It into Federal Court?

Yes, primarily. [1]

Avoiding "Home Cooking": Brendan Sorsby already won an injunction in a Lubbock County state court (Texas Tech's home turf). If the Big 12 filed a standard contract dispute in Texas state court, they would likely face a heavily biased environment protective of Texas Tech and influenced by state politics.

Establishing Federal Jurisdiction: To get a case into federal court, you must raise a "federal question." By asserting that a state official (Paxton) is violating their First Amendment rights, the Big 12 guarantees the case will be heard by a federal judge, completely bypassing the local Texas state courts. [1]

3. Does the First Amendment Weaken or Strengthen the Big 12's Position?

It heavily strengthens their position.

If they only used standard contract law...By using the First Amendment...

They would be locked in a messy legal debate over whether Sorsby's bets "materially harmed" the conference.They possess a constitutional shield, arguing the government cannot force a private group to change its ethical rules.

Paxton could paralyze them with state-level antitrust and $200M tortious interference threats.They can completely neutralize Paxton's threats by framing his actions as unconstitutional government overreach.

A local Texas judge could rule that Texas Tech's state interests outweigh the conference's bylaws.A federal judge must prioritize the U.S. Constitution over Texas state preferences.

4. Why Couldn't They Just Rely on the Agreed Bylaws?

Normally, they would. Member schools sign a contract agreeing to adhere to the bylaws and submit to supermajority votes. However, Texas Tech broke the chain of command by hiding behind a state court injunction and inviting the Texas Attorney General to threaten the conference with a $200 million liability.

Because Texas Tech used the legal power of the State of Texas as a weapon to freeze the conference bylaws, the Big 12 was forced to deploy a federal constitutional argument to shatter that state-level protection.

[BevoFlyer]

Smart preemptive strike. Big 12 gets to choose the legal venue in Federal court as as opposed to making the suspension and waiting for Tech to file in state court.

The case can be assigned to any of 9+ Judges, hopefully not the one in Lubbock or Amarillo. 

[CJ Vogel]

One can only hope common sense will prevail on this one. But it’s college football after all so you just never fully know

[Hookem72]

I’ll pull the case on pacer later today and see who it got assigned to.  Tech Law is not known for putting many judges on the federal bench.  I would be surprised if there are any federal appellate judges who graduated from Tech Law.  It is a lower level law school, just above Texas Southern and maybe on same level as St Marys or South Texas.  Don’t mean to offend anyone who went to those schools.

[CJ Vogel]

 

[harveycmd]

Much more likely to be successful in federal court. 

[Hank South]

Time for Tech leaders to put together another 21-minute video. 

[TexasOnTop]

Personally, I think the Big 12 should be more aggressive in handling this situation. 

[justwinbaby]

SMU death penalty an appropriate punishment for Tech