A dizzying array of court filings over the past few days has led to one very clear and simple point: The ball is on the tee for the U.S. Court of Appeals for the Fifth Circuit to issue a ruling on the NFL’s emergency motion to stay the injunction that blocks the suspension of Cowboys running back Ezekiel Elliott.
The standard process for written submissions made in connection with motions filed by a party to a lawsuit entails three steps: (1) the party filing the motion submits a brief in support of its request; (2) the party opposing the motion submits a brief resisting the request; and (3) the party that filed the motion gets the last word via a reply brief.
On Monday, the NFL filed a 12-page reply brief, answering the response brief submitted by the NFL Players Association on Saturday. That following the original paperwork submitted by the NFL on Friday. Now, both sides play the waiting game.
The NFL has asked for a ruling by September 19 at the earliest, September 26 at the latest. The league’s goal continues to be implementing the suspension as soon as possible.
The league’s primary argument continues to be that Elliott’s camp filed the lawsuit too soon, robbing the Texas federal court of what the lawyers call “subject matter jurisdiction,” a flaw that is fatal to any legal proceeding. Without jurisdiction over the subject matter, the court has no more power than the Wicked Witch of the West when she showed up in Munchkinland to retrieve the ruby slippers. (Timely reference, I know.)
The league’s fallback request continues to be an expedited appeal of the injunction, which would push a ruling deeper into the season -- and potentially result in a November-December suspension, if the league wins.
Regardless of how it plays out, the league isn’t willing to concede that Elliott will play the full season, and the league wants to start the six-game clock ticking as soon as next Monday night, when the Cowboys face the Cardinals.