DALLAS – The union for NFL players has turned to a federal appeals court in its quest to let Dallas Cowboys running back Ezekiel Elliott play Sunday at home against Kansas City as he fights his six-game suspension over domestic violence allegations.
Union lawyers say Elliott’s suspension should be delayed until the 2nd U.S. Circuit Court of Appeals considers the issue. League lawyers had no immediate comment.
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The NFL Players Association first asked U.S. District Judge Katherine Polk Failla to suspend her Monday ruling reinstating the suspension during an appeal. But she refused Tuesday, so the file was moved to the appeals court.
Follow LIVE appeals court hearing updates below:
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Union seeks to block ruling so Cowboys’ Elliott can play
The 22-year-old Elliott was suspended in August after the league investigated several alleged physical confrontations in the summer of 2016 with his then-girlfriend.
The union told Failla that she erred by ruling that the NFL’s claims were supported by federal labor law because the league followed the collective bargaining agreement in suspending Elliott.
Lawyers for the NFLPA said Failla was the first judge ever to have “concluded that professional athletes with short career spans do not face irreparable harm” when suspensions are enforced before appeals options have been exhausted.
The judge had concluded that some of the reasons for Elliott’s claim that he’ll suffer irreparable harm during a suspension were “far too speculative” given all the variables, including the Cowboys’ overall offensive performance, his opponents’ defensive showing and Elliott’s health.
The union also said Failla made erroneous legal conclusions that deserve review by a three-judge appeals panel, particularly after an “unjust and fundamentally unfair arbitration.”
If Failla’s ruling is not blocked, Elliott will not be eligible to return until the team’s final three games, starting Dec. 17 at Oakland. The Cowboys (4-3), defending NFC East champions, are in second place in the division.
Earlier in October, a federal appeals court threw out a Texas court’s injunction and ordered the dismissal of Elliott’s lawsuit there.
Before ruling, Failla heard arguments Monday at a hearing attended by Elliott, a day after last year’s NFL rushing leader ran for 150 yards and two touchdowns in a 33-19 victory over Washington.
Failla had based some of her rulings on the NFL’s successful appeal in the same jurisdiction in the Deflategate case that ended with New England quarterback Tom Brady serving a four-game suspension.
Cowboys look to Morris, maybe others with Elliott suspended
Alfred Morris bristled when asked what has changed for him now that Dallas Cowboys running back Ezekiel Elliott is serving a six-game suspension over domestic violence allegations with fading hopes for a third reprieve in court.
Presumably the top candidate to replace last year’s NFL rushing leader, Morris sternly reminded the swarm of a dozen-plus reporters that little had changed from his work week when he was Elliott’s backup.
“I mean, other than all these cameras in my face,” Morris said.
The usually affable Morris was more pointed than angry, and admittedly a little wound up since he stumbled over his words a couple of times and finally interrupted an answer to say he was just talking too fast.
After all, Morris is looking at his first start in almost two years when Kansas City (6-2) visits Dallas (4-3) on Sunday. It’s been even longer since he was the featured back in Washington.
Speaking of which, it will be quarterback Dak Prescott’s first meaningful start without Elliott since the dynamic rookies led the Cowboys to the best record in the NFC last season.
“This team was built on the run game before me or Zeke even got here,” Prescott said. “We’ve got those running backs. Darren McFadden had a great year before Zeke even got here and we know what Alfred Morris can do. I don’t think it changes. It is how this team is built.”
Prescott said he exchanged text messages with Elliott after a federal judge in New York on Monday night turned down the NFL players’ union request for an injunction that would have let him play while the case was in the courts.
Elliott’s attorneys are seeking an emergency stay from a federal appeals court, but there’s no indication when the court will rule or schedule a hearing. Without another injunction, Elliott will be out until the final three games of the season, starting Dec. 17 at Oakland.
Prescott said Elliott “obviously feels bad with the ruling coming down” but wouldn’t share his take on Elliott’s frame of mind.
“I know he is looking forward. He is moving forward,” Prescott said . “He is going to do the best he can to have his body and his mind ready to go when he returns.”
Meantime, the Cowboys have said repeatedly through the twists and turns of the Elliott case that they are comfortable with their options.
Four years before the Prescott-Elliott pairing, Morris and Robert Griffin III shared standout rookie years with the Redskins. Morris followed that 1,613-yard season with 1,275 yards rushing in 2013 before fading from the lead role following a coaching change.
After the Cowboys let 2014 rushing leader DeMarco Murray go in free agency, McFadden led them with 1,089 yards even though he started just 10 games in 2015.
McFadden was Elliott’s backup when he was healthy last season, but has been inactive all seven games this season in favor of Morris, who had 70 of his 105 yards this season rushing on one carry in a loss to the Los Angeles Rams.
Dallas also has been pleased with seldom-used Rod Smith, the older brother of linebacker Jaylon Smith and a special teams contributor who also has found an occasional role on third down.
“I’ve played a lot of football in this league, Alfred has played a lot of football in this league and Rod’s done a heck of a job,” McFadden said. “We’re just going to go out there and make a play a different way.”
Morris signed with Dallas as a free agent last year, a little less than two months before the Cowboys drafted Elliott with the fourth overall pick. By the end of last season, he was inactive, something he never imagined happening in his career.
So the uncertainty surrounding Elliott’s status wasn’t much different for him.
“It’s just like, ’OK, you stay here and be ready. Whenever Zeke needs you, you be ready,’” Morris said. “That’s just my role and I have to accept that. Am I a starter? I’m definitely a starter. I would never sit here and say I’m not a starter.”
For now, Morris is the starter.
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