That question has yet to be answered.
The 5th Circuit U.S. Court of Appeals, which is based in New Orleans, but handles Texas district courts, did not rule on the NFL’s motion for an emergency stay of the temporary injunction of his six-game suspension by the end of business Tuesday.
The NFL had asked the 5th Circuit to make a decision by 10 a.m. today or by September 26 in hopes of blocking the injunction forcing Elliott to serve the suspension for violating the league’s personal conduct policy while the case makes its way through the court system.
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“We have not had an indication whether it will be an individual or a panel,” said NFL vice-president Joe Lockhart. “We have some discretion on that and the commissioner will make a decision on eligibility based on when we get something from the court of appeals. I don’t want to speculate and create any false deadlines. We’ll know when we know.”
If the stay is denied, Elliott will be able to continue to play with the Cowboys, most likely for the rest of the season.
Elliott will likely play against Arizona, according to a source.
However, league spokesman Brian McCarthy said Elliott’s status remains up in the air and will be dependent on when a ruling is made.
The NFL typically likes to make roster moves final for the week on Tuesday for competitive reasons and it’s a practice they traditionally follow, according to a source.
But it’s not a hard and fast rule.
It’s possible that the NFL will wait until Friday to make a decision on Elliott’s roster status.
The Cowboys (1-1) are coming off a 42-17 loss against Denver where Elliott had nine carries for a career-worst 8 yards. His lack of effort after an interception prompted Hall of Fame running back LaDainian Tomlinson to accuse him of quitting on his team.