At 2:00 p.m. ET on Thursday, the U.S. Court of Appeals for the Second Circuit will consider whether to stay the suspension of Cowboys running back Ezekiel Elliott while the appeal of the decision of Judge Katherine Polk Failla to deny the injunction proceeds. So when will the ruling come?
The easy answer is, “Quickly.” Ideally by Friday afternoon. Possibly on Thursday evening. Maybe even from the bench at Thursday’s hearing.
Yes, it’s always possible that the three judges assigned to the case will decide to issue a ruling without actually writing up a ruling. The decision would have to be unanimous for that to occur.
The ultimate question is whether Elliott will suffer “irreparable harm” if he’s forced to miss games and later prevails in the case. Obviously, he will. The secondary question is whether he can show that the case presents a serious question as to whether the suspension will be overturned in court.
However it plays out, the Cowboys still don’t know for sure whether they will have Elliott, as preparations for Sunday’s game at Atlanta continue. There’s still a chance the Cowboys will learn on Friday that they’ll have to face the Falcons without him.
Either way (and this is really the purpose of this story), refresh PFT all afternoon for any and all developments in the case.