When the NFLPA filed suit on behalf of Browns linebacker Scott Fujita, Saints defensive end Will Smith, and former Packers defensive end Anthony Hargrove, the NFLPA specifically chose not to seek an order lifting their bounty suspensions pending a final decision. The NFLPA opted not to pursue that type of relief because the NFLPA believed a final decision would come before the first game of the regular season.
A final decision has yet to be issued, and so the NFLPA decided to try to force the issue on Tuesday.
According to the Associated Press, the union has asked Judge Helen G. Berrigan to lift the suspensions pending the outcome of the litigation, so that the players can return to their teams and participate in the first game of the regular season, and beyond. Saints linebacker Jonathan Vilma made a similar request immediately after the NFL upheld his full-season suspension.
It was believed a ruling of some sort would come from Judge Berrigan on Tuesday. Now, with a decision coming on Wednesday at the earliest, the players are guaranteed to miss the first full day of practice in advance of the Sunday games.
Look for Judge Berrigan to do something on Wednesday. And if she lifts the suspensions, look for the NFL to have little or no chance to overturn her ruling by Sunday.