Either way, Elliott will play on Sunday, because the U.S. Court of Appeals for the Second Circuit has granted an administrative stay allowing Elliott to play while the appeals court considers the question of whether Judge Katherine Polk Failla improperly refused to issue an order allowing Elliott to play while the litigation regarding the validity of his six-game suspension proceeds.
The ruling, made by Judge Susan Carney (nominated to the position by President Barack Obama), puts the stay in place pending the next opportunity for a “motions panel” consisting of three judges to consider the issue.
The granting of the stay suggests that Judge Carney regards the harm Elliott would suffer from missing the game as indeed “irreparable,” which makes it more likely that the Second Circuit will overturn the denial of a preliminary injunction while the case works its way through the normal steps and stages of the court system.
Whether Elliott plays beyond Sunday remains to be seen. For now, the Dallas Cowboys will have Elliott when they welcome the team that used to be the Dallas Texans back to town.