On June 8, 2026, District Court of Lubbock County Judge Ken Curry ruled in favor of Texas Tech quarterback Brendan Sorsby after the NCAA initially ruled him ineligible to play collegiate football. In granting the temporary injunction, Judge Curry held that Sorsby, who notably entered a gambling rehabilitation facility following the NCAA’s ruling, “has demonstrated he will suffer a probable, imminent, and irreparable injury,” allowing him to continue his college football career after admitting to betting, including on his games.[1]

Sorsby started sports betting in high school, which continued during his collegiate career where he bet on sports while playing at Indiana, Cincinnati, and Texas Tech, where he currently plays.[2] Sorsby has admitted to wagering at least $90,000 on pro and college sports within the last four years,[3] $65,000 of which he had sent to his friends to bet on his behalf.[4]

Sorsby’s sports betting was discovered when law enforcement tipped off a sportsbook and alerted the NCAA.[5] The following month, the NCAA notified Texas Tech of this investigation and deemed Sorsby ineligible to play. Sorsby went into rehab. Immediately after returning from rehab, Sorsby sued the NCAA seeking reinstatement.[6]

Jeffrey Kessler, Sorsby’s attorney and class counsel in the House v. NCAA case, framed Sorsby’s gambling history as a mental health issue, arguing that the NCAA should be supporting him, not punishing him.[7] Judge Curry ruled in Sorsby’s favor finding that he would “suffer irreparable injury if he isn’t granted a temporary injunction allowing him to play for [Texas Tech] this season.”[8] Sorsby will serve a two-game suspension to start the season and will be eligible to play the rest of the season.[9]

In a statement issued immediately after the decision, the NCAA contended that the ruling “undermines and corrupts the integrity of sports.” The NCAA filed its appeal later that same day.[10]

The NCAA has been lobbying Congress for an antitrust exemption, seeking federal legislation to shield them from Sherman Antitrust prosecution or civil lawsuits. The NCAA argues it needs an antitrust exemption to enforce and maintain its rules, especially those around Name, Image, and Likeness and its student-athlete transfer policy.[11]

The proliferation of legal sports betting and daily fantasy platforms, accessible through cellphones, as well as the rise and popularity of prediction markets, have blurred the lines between who can and cannot bet on sports. Professional sports leagues, however, have strict rules restricting their players from betting on games:

  • Major League Baseball prohibits betting on youth or professional baseball games.
  • The National Hockey League and National Basketball Association prohibit betting on games or athletes in their respective leagues.
  • The National Football League (NFL) prohibits betting on any NFL games, betting on non-NFL games while in an NFL-affiliated facility, and entering a sportsbook during the season.[12]

The NCAA’s appeal will be heard on February 8, 2027, two weeks after the College Football Playoff title game.[13] For now, Brendan Sorsby will be able to play for Texas Tech after serving his two-game suspension.

Given the location and venue of the lawsuit and ruling, the decision is unlikely to open the door for the NCAA to allow student-athletes to bet on games, including their own.

[1] The NCAA uses a scale of penalties to determine the severity of the punishment if a student-athlete is found to have bet on sports. These punishments range from permanent loss of collegiate eligibility in all sports, loss of 50% of one season of eligibility, and/or a punishment commensurate to the dollar value of the wagers made by the student-athlete. However, despite these pre-established penalties, Judge Curry ruled that Sorsby is eligible to play next season.

[2] Dana O’Neil, A judge ruled Brendan Sorsby can play for Texas Tech after gambling on his own teams. It’s the latest college sports stunner, CNN Sports (June 8, 2026, 4:03 PM), https://www.cnn.com/2026/06/08/sport/brendan-sorsby-texas-tech-analysis.

[3] Pete Thamel & Max Olson, Coaches, ADs ‘disgusted,’ ‘stunned’ with Brendan Sorsby ruling, ESPN (June 8, 2026, 5:44 PM), https://www.espn.com/college-football/story/_/id/49003512/coaches-ads-disgusted-stunned-brendan-sorsby-ruling.

[4] O’Neil, supra note 2.

[5] Thamel & Olson, supra note 4.

[6] Id.

[7] Id.

[8] Id.

[9] Andrew Holleran, Brendan Sorsby’s Lawyer Ripped for ‘Laughable’ Claim After Judge’s Ruling, Yahoo Sports (June 8, 2026, 11 PM), https://sports.yahoo.com/articles/brendan-sorsbys-lawyer-ripped-laughable-030000189.html.

[10] Dominick Mastrangelo, NCAA appeals court ruling overturning Texas Tech QB’s gambling ban, The Hill (June 9, 2026, 9:32 AM), https://thehill.com/policy/sports-gaming/5916072-ncaa-appeals-court-ruling-brendan-sorsby-texas-tech-gambling/.

[11] Id.

[12] Id.

[13] Dave Clark, Brendan Sorsby trial set for February, two weeks after CFP title game, Yahoo Sports (June 9, 2026, 2:35 PM), https://sports.yahoo.com/articles/brendan-sorsby-trial-set-february-183523692.html.