With the U.S. Court of Appeals for the Eighth Circuit granting the NFL’s request for an expedited appeal and scheduling a hearing for June 3, the speculation has commenced regarding the timetable for the issuance of a ruling. We’ve seen predictions ranging from 30-to-45 days after the hearing to virtually immediate.
Instead of guessing, we went straight to the source: Michael Gans, the Clerk of the Court.
“The court does not have any rules governing expedited appeals — every case is different based on the circumstances presented,” Gans told PFT via e-mail. “The court has expedited the schedule for the briefing and has set a very early hearing date. I assume that is an indication that the court intends to treat every aspect of the case, including the preparation of its opinion, as an urgent matter. I would not want to hazard a guess as to how soon after June 3 a decision will be reached.”
Thus, while we don’t know when a ruling will come, the fact that the Eighth Circuit has opted to move so quickly when it comes to the submission of briefs and the scheduling of a hearing that it can be inferred a decision likely will come quickly.
And here’s one more thing to keep in mind. The party that loses the appeal will have the ability to petition for a rehearing before the full court. That process necessarily will add even more time to the resolution of the case.