NCAA appeals Sorsby order with all 4 appellate judges Texas Tech alums

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After the judge gave a preliminary injunction that will allow Brendan Sorsby to play this coming season for Texas Tech, the NCAA has already filed a notice of appeal in the Seventh District of Texas indicating that this fight only enters the third round.
Judge Ken Curry’s decision sent shockwaves through college athletics, with many Big 12 executives expressing dismay at the decision.
Brendan Sorsby wins court ruling against NCAA despite betting on his team multiple times
Conference officials are expected to discuss possible next steps during meetings this week, which begin on Tuesday.
But, the college court’s opinion is clearly in favor of NCAA compliance, as they dig in their heels and pressure the Texas judicial system to get a favorable ruling on their decision.
BRENDAN SORSBY ADMITS TO BETTING NEARLY $90,000 DURING COLLEGE CAREER AS NCAA BATTLE CONTINUES
Quarterback Brendan Sorsby of the Cincinnati Bearcats speaks to the media during Big 12 Media Days at The Ford Center at The Star in Frisco, Texas, on July 8, 2025. (Stacy Revere/Getty Images)
For many, betting on your team can seem like a clear way to lose eligibility.
But Sorsby’s attorneys built their case around his struggles with gambling addiction and mental health, while arguing that the NCAA breached its contractual obligations in the way it handled his suspension.
The plan worked, and the order was given.
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Brendan Sorsby not only gambled on his own team, but also bet on college basketball in Indiana and Cincinnati, while betting more than $6,000 on other college football games, placing more than $90,000 in total bets.
“Did hoops betting play into that 2-game proposition?”, one Power-4 athletic director asked Fox News Digital, sarcastically.
And, when the NCAA filed a complaint with the State of Texas on Monday evening, we could have a problem on our hands with the current judges overseeing the program.
A Texas Tech alum could decide the NCAA’s fate in Amarillo
Complaints can often take months to resolve, although there are cases where the process may be expedited.
One of the aspects of the appeal that has attracted attention is the way the court of appeals.
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All four justices currently serving on the 7th Circuit Court of Appeals attended Texas Tech. Although there is no suggestion that their educational background would influence their decision-making, the optics are noteworthy when considering the factors involved.

Future Texas Tech quarterback Brendan Sorsby screams during the first half of the game between the Houston Cougars and the Texas Tech Red Raiders at United Supermarkets Arena in Lubbock, Texas, on Jan. 24, 2026. (John E. Moore III/Getty Images)
It remains to be seen whether the NCAA’s attorneys will try to pursue any recusal motions related to those communications.
After all, one judge in the original trial recused himself because of ties to Texas Tech.
Whether that becomes a factor in the complaint is something both sides will look into.
What happened to the Big 12? It will be a process
Despite the obvious frustration among some conference officials, Big 12 Commissioner Brett Yormark and league officials are expected to proceed cautiously in the next few weeks.
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On Tuesday, athletic directors from the Big 12 will hold a conference call to discuss the Sorsby issues, and what kinds of options they have in terms of punishment.
Because of the court order, the NCAA or the conference cannot simply ignore the decision and bar Sorsby from participating in games or practices.
However, the Big 12 may review whether any conference-specific bylaws, athletic provisions, or ethics policies warrant separate disciplinary action.
As we have seen in previous cases, conferences can use their own policies to issue penalties against a school or student-athlete.
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Big 12 Commissioner Brett Yormark touches down before the Big 12 Championship game between Texas Tech and BYU at AT&T Stadium in Arlington, Texas, on Dec. 6, 2025. (John E. Moore III/Getty Images)
This is where things get complicated.
Conferences have imposed independent penalties without NCAA enforcement in the past, but any attempt to punish Sorsby could open the door to additional litigation. And given the outcome of the first trial, there is no guarantee that the court will go along with the convention.
At the same time, Big 12 conference officials must weigh whether the refusal to act creates their concerns, especially in the court of public opinion and the weight of other conferences.
For now, Sorsby has the full support of Texas Tech, and any decision by the Big 12 can only be made after an extensive legal review.
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So, while a Texas judge may issue an injunction on Monday, we still have a ways to go before he’s eligible for the Red Raiders.
This is far from over, as the countdown to the 2026 college football season begins.



