The 8th Circuit Court of Appeals is expected to make a decision today or tomorrow whether or not to grant the National Football League’s request to continue the stay of District Court Judge Susan Nelson’s decision to lift the lockout. The owners want Judge Nelson’s decision stayed throughout the appeals process, while the players want the lockout lifted now.
The same three judges hearing the request to continue the stay will hear the appeal filed by the NFL. The three judges are Kermit Bye, Steven Colloton, and Duane Benton. Interestingly, Judge Bye was appointed by Democratic President, Bill Clinton voted against the temporary stay, while the Republican President, George W. Bush, appointed Judge Benton and Judge Colloton, who both voted in favor of the temporary stay.
The Court has ordered that this case by expedited. The NFL’s first brief on th
e matter is due this upcoming Monday, May 9, 2011, and the former NFL Players’ Association has until May 20, 2011, to response. The league’s response to that brief is due May 26, 2011, and oral arguments are scheduled for June 3, 2011.