The Saints might not have to face Eagles quarterback Donovan McNabb when they travel to Philly next Sunday.
And they might have defensive ends Charles Grant and Will Smith available, too.
NFL spokesman Greg Aiello told us Saturday that no decision had been made as to the status of Grant and Smith, even though the legal challenge to the four-game suspensions has been defeated, barring an appeal by the NFLPA to the United States Supreme Court.
Our strong sense on this issue, based on the information we’ve gathered and the full history of the case, is that the league fears the public reaction to an inconsistent outcome for the same conduct. In Minnesota, two key defensive starters won’t be suspended until 2010 at the very earliest. In New Orleans, the suspensions to two key defensive starters are poised to be meted out right now.
Though the situation can be explained to anyone inclined to listen to reason, fans of the Saints (and fans of the Bears and Packers) undoubtedly will cry foul over this one, regardless of the legal niceties involved.
If the NFL decides to back off the suspensions, the challenge will be to look for a way to save face. One possible approach would be to encourage the union to file a petition for certiorari to the U.S. Supreme Court, which would allow the league to defer the suspension until after the 2009 season, at which time the case in Minnesota state court brought by Kevin and Pat Williams likely will be resolved.
The other possibility is to offer a settlement to the union, pursuant to which the suspensions would be rescinded and the union would agree to efforts aimed at closing the loophole that Minnesota law provided to the Williamses — and continues to provide to every other Vikings player who might test positive in the future.
So keep an eye on this one. A decision as to the situation needs to be made by Tuesday, and there’s a surprisingly good chance that the decision will be to let the Saints players play, both in Week Two and for the rest of the season.
Could the NFL appeal the Minnesota decision and allow the New Orleans players to play until that that verdict?
Is there any doubt that Percy Harvin just sparked a joint to celebrate after the game today? No worries! MN law is on his side!
Better news for Packer fans is that Johnny Jolly can just run this drank across the border into the Minnesota, so he won’t be hittin’ the Packers up for a big raise…
I just have to ask a stupid question. If the NFL knew about the banned substances in the Starcaps products, why would they not alert all trainers at all NFL teams? If they have a list of substances that are not allowed, they also should have a list of products that use them. Then if a player on his own goes and buys a new product that is not listed ob their products list, have his trainers takes samples for testing. If none of the banned substances show up then the player(s) can use the product.If they do show up he can’t. Let the team do the policing since it impacts them directly.Then the NFL legal guys stay out of it. Just seems simple to me, or maybe I am stupid.