On April 29, the U.S. Court of Appeals for the Eighth Circuit decided to grant a temporary stay of Judge Nelson’s ruling lifting the lockout, in order to give the Eighth Circuit time to rule on the motion for a full stay of Judge Nelson’s ruling lifting the lockout pending the review of Judge Nelson’s ruling lifting the lockout.
That was 13 days ago. Since then, the Eighth Circuit has agreed to expedite the entire appeal process. But the Eighth Circuit definitely hasn’t expedited the consideration of the motion for a stay.
Adam Schefter of ESPN reports that court clerk Michael Gans said he does not expect a ruling today. And it’s gotten to the point where the court didn’t even attempt to offer an excuse.
Last week, Gans hinted that the Eighth Circuit may not even rule on the motion. With the hearing on the appeal only 22 days away, it appears that Gans wasn’t simply speculating.
Speaking of speculation, the theory making the rounds in league circles last week focused on the potential status of Judge Colloton as a swing vote, given that he previously has ruled against the NFL in past cases arising under the expired labor deal. As the theory goes, Judge Colloton may not want to tip his hand regarding the ultimate outcome of the case.
Meanwhile, the Eighth Circuit either thinks the players aren’t suffering truly irreparable harm during the lockout, or that the NFL would suffer truly irreparable harm if the lockout is lifted. Or that it all can wait until June 3 for the hearing and some point thereafter for a decision.