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Big 12 taking legal action against Texas Tech
Jerky replied to Hank South's topic in On Texas Football Forum
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.- 75 replies
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Big 12 Pursuing Legal Action Against Texas Tech Over Sorsby
Jerky replied to Jerky's topic in On Texas Football Forum
I asked AI some questions, here are the AI responses. 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. -
https://sports.yahoo.com/college-football/breaking-news/article/big-12-pursuing-legal-action-against-texas-tech-texas-attorney-general-over-brendan-sorsby-132244341.html The Big 12 Conference has filed a federal lawsuit against Texas Tech University and Texas Attorney General Ken Paxton to prevent them from blocking sanctions against quarterback Brendan Sorsby, who was previously deemed ineligible for illegal sports wagering. The legal action seeks to uphold conference bylaws regarding athletic integrity following threats of litigation from the Texas Attorney General's office.
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Good move to get the OK AG to weigh in and counter the TX AG threat. Now Yormark/B12 has no excuse not to act. Expect to see B12 take action this month vs TT.
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Major Movement from Kalshi on Brendan Sorsby’s Future
Jerky replied to CJ Vogel's topic in On Texas Football Forum
I dont have a rock solid answer for you. But if Sorsby secures a temporary injunction allowing him to play for Texas Tech, the NCAA would appeal and likely immediately petition for an expedited stay pending appeal. The chances of the appellate court granting this expedited stay —sidelining Sorsby again—are moderate to high due to the specific nature of injunction law. AI.... Several factors drive how an appellate court evaluates a motion to stay an injunction: Irreparable Harm: The NCAA would argue that the damage caused by allowing a player who bet on his own team to compete cannot be undone. Sorsby's legal team counters that his mental health and single remaining college season represent irreparable harm that cannot be reversed. The NCAA's Likelihood of Success: In injunction cases, the defending party must prove they are likely to win the ultimate appeal. The NCAA’s argument is straightforward and rigid: precedent in all major sports dictates that betting on your own team (as Sorsby admitted to doing) results in permanent ineligibility. This gives the NCAA a strong legal position. Public Interest and Game Integrity: Appellate courts heavily weigh the "integrity of the game" argument. Permitting an athlete to play while under an active, admitted violation of gambling rules is an unprecedented scenario that appellate judges may be highly motivated to block. Expedited Timeline: Both sides in the lawsuit—currently presided over by Visiting Judge Ken Curry—are seeking a swift resolution due to the looming June deadlines for the NFL Supplemental Draft, making emergency appellate motions very likely. If the appellate court grants the stay pending the full appeal, Sorsby would be barred from playing until the case is ultimately resolved. Sorsby would likely seek to enter the 2026 supplemental NFL draft. -
Major Movement from Kalshi on Brendan Sorsby’s Future
Jerky replied to CJ Vogel's topic in On Texas Football Forum
Seems reasonable the bet swung back to now suggesting it is more likely Sorsby declares for the 2026 supplemental NFL draft. Sorsby and his legal team should lose the case on its merits. Even if they have managed to compromise Judge Ken Curry, his injunction ruling would likely be appealed. This gambling addiction/ADA argument prevailing and trumping over a century of practice condemning and punishing gambling to protect the integrity of the sports would be unprecedented, unsound, manifestly unreasonable and contrary to law. -
Major Movement from Kalshi on Brendan Sorsby’s Future
Jerky replied to CJ Vogel's topic in On Texas Football Forum
Suggests Sorsby likely to be allowed to play at TT this season. -
Near perfect draw and outcomes for Texas. Impressive Texas team ERA of 2.00 for the weekend. Texas pitching staff going undefeated without extra innings or an extra game was not over-extended. Between the SEC conclusion and the Regional we maybe got a starting pitcher healthy for the all important Super and hopefully the CWS. Plenty of at bats and production to help with confidence and getting back in the groove during the first two games. Had a clutch win in game 3 to advance. Overall Texas outscored their opponents 41-6 to dominate the Regional. 🤘
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Texas Tech: The Faces of Desperation
Jerky replied to Bobby Burton's topic in On Texas Football Forum
LOL. Ok. Oregon St was 4-8 in 2016, 1-11 in 2017 and 2-10 in 2018. Oregon St was a terrible team when TT scheduled the game. Thank you for helping me put an exclamation on my point. TT marquee non-conference game since 2008 was arguably vs Oregon in 2023. Big deal. We have played marquee non-conference games vs USC, ND, LSU, OHST, MICHIGAN and BAMA over that time period. Bottomline, TT has scheduled mostly weak non-conference games for decades, including and most definitely Oregon St! Correct me if I am wrong, but TT just said they want to get out of their deal in order to schedule Texas. 😆That is not TT trying to honor their deal. 😂 So let's not act like TT is honorable. TT trying to get gambler Sorsby eligible when he was suspended is not honorable. TT flailing to pass self serving legislation is not honorable. Trying to "legally steal" TV money from more desirable and deserving teams is not honorable. Trying to control other football conferences is not honorable. This whole social media talk of scheduling Texas last minute is ludicrous. Sark beat them 57-7 last time we played. TT offers nothing. We already bring the Texas viewers to TV. TT did not score a single point in the CFP. Nationwide interest for Tech does not move the needle for us. Even most TT fans know trying to schedule Texas last minute is an embarrassing sideshow with zero chance of happening. Texas does not reschedule in May or June for an upcoming August or September game. Preposterous. I see it completely differently. -
Texas Tech: The Faces of Desperation
Jerky replied to Bobby Burton's topic in On Texas Football Forum
The things you do for billionaires. TT is not passing their version of legislation and imposing the good, the bad and ugly on every other team. Insults and nonsense is not a good tactic to get Texas to play them. Texas has no use for Tech. We already bring Texas viewers to our games. There is no nationwide interest in a Tech that scored zero points in the CFP. Sark doesn't need to play Tech again, he beat them 57-7 🤣. OHST brings us national interest in a night game that will be a highlight for some elite TX recruits. Our schedule is maybe the most challenging in the country. We need and deserve a warmup game before Ohio St. The deals are done. Tickets have been sold. TV and travel plans have been made. We honor our deals. We are not whoring for Tech's benefit. Tech's outbursts and attempts to reschedule our existing game and scramble to play Tech is ludicrous. Media may not call Tech out en mass for multiple issues like they should but the fans see it. Bottomline, Tech could have been more accommodating and worked to schedule a quality opponent other than Texas but they chose to schedule non-conference (2 - 10) Oregon St. That is pitiful. Tech is digging a deeper hole with the Sorsby talk. They have lost credibility. Their up and coming reputation has turned for the worst in 2026. -
Worst QB....that fullback Tebow (great leader and winner but not a passer). Then Baker.
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What guests would you like to see on OTF?
Jerky replied to Marcus Myers's topic in On Texas Football Forum
Marcus, thanks for asking us and being a great contributor at OTF. I would like to hear from ballhawk DB and return specialist Nathan Vasher. We have return specialist Niblett and a secondary that wants to get more takeaways. Could get Vasher's perspectives as a successful return specialist and ballhawk. We have some DBs that may play multiple spots. Vasher could talk about our secondary and playing NB vs S vs CB. Etc. Hope Nathan is doing well. -
QB Commit Ty Knutson Receives Elite 11 Finals Invitation
Jerky replied to CJ Vogel's topic in On Texas Football Forum
Fantastic news. Was hoping he would get an invite. Ty Knutson has impressive HS highlights, nice stats and many winning performances on his way to back-to-back state championships vs quality 5A competition that suggest Ty is underrated.