Why is the SEC so risk averse with regard to being sued? Litigation seems like a customary aspect of doing business. It would appear to me that the SEC has insulated itself rather well from a tortious interference claim. While Baylor can certainly sue (you can sue a ham sandwich, as the old saying goes), its prospects of winning appear remote.
With the Texas television market and football recruiting fields set to open up because of this deal, isn't litigation a manageable risk?
"While Baylor can certainly sue (you can sue a ham sandwich, as the old saying goes), its prospects of winning appear remote."
If that were the case, the SEC wouldn't have been tiptoeing around this issue from the beginning. If it wasn't for the lawsuit issue, A&M would have been voted in during their first meeting weeks ago, when the SEC "decided to remain at 12 members at this time." And now, A&M's entrance is contingent on not getting sued. It looks like there may be more teeth to the agreement that A&M signed to stay in the Big 12 than appears to be. That also explains why Oklahoma and Texas (and Okie State and Texas Tech) are waiting on A&M to move first. Looks like those schools are trying to generate media and political pressure to let them out of their agreement. That may be why the Mississippi State president singled out Baylor ... part of the strategy I guess.
As I remarked above, the TI case is pretty compelling. Baylor (and now the other 5 schools refusing to waive their right to sue) don't need a smoking gun. They just need to demonstrate that a preponderance of the evidence points to the SEC inducing A&M to break its contracts with those schools. Texas law actually defines TI more loosely than other states; the SEC doesn't need to engage in anything "wrongful", merely an enticement.
Good news for y'all Aggie-lovers: those schools are also saying if OU commits to staying in the Big 12-3, they'll sign the waiver. If OU refuses they'll almost surely pull the same trick on the Pac 12. So as soon as OU realizes they've painted themselves into a corner with their loudmouth president, they'll relent and A&M will be on its merry way.