Chicago Sun-Times

U.S. Appeals Court: Lockout officially back on

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Apparently, the U.S. Court of Appeals will do what it pleases, when it pleases.

And even the court's clerk has no insight on its actions.

After the clerk suggested a decision would not come today, the three-judge panel decided Monday that the league's lockout of players should stay in place until a full appeal is heard.

The vote was once again 2-1, with Judge Kermit Bye dissenting.

The ruling said the NFL "likely will suffer some degree of irreparable harm without a stay."

In addition, the two judges who backed the lockout took a swipe at Judge Susan Nelson.

"In sum, we have serious doubts that the district court [Nelson] had jurisdiction to enjoin the league's lockout, and accordingly conclude that the league has made a strong showing that it is likely to succeed on the merits," the majority opinion said.

Meanwhile, Judge Bye wrote: "Notwithstanding the majority's analysis, the NFL has not persuaded me it will suffer irreparable harm during the pendency of this expedited appeal."

The next key date is June 3, when judges will hear arguments on the legitimacy of the lockout. But there are a lot of moving parts. After not meeting since April 20, the owners and players resumed court-ordered mediation with U.S. Magistrate Judge Arthur Boylan today. In addition, U.S. District Judge David Doty is figuring out how the $4 billion in broadcast revenue should be split up, since he ruled the NFL can't use it as a form of lockout insurance.

"The NFL's request for a stay of the lockout that was granted today means no football," the NFLPA said in a statement. "The players are in mediation and are working to try to save the 2011 season."

With the legal victory in hand, the NFL said it was time to focus on an agreement that "will improve the game for the benefit of current and retired players, teams, and, most importantly, the fans."

"This litigation has taken the parties away from the negotiating table where these issues should be resolved. We remain confident that the appellate court will determine that this is a labor dispute that should be governed by federal labor law. But the league and players, without further delay, should control their own destiny and decide the future of the NFL together through negotiation," the league said in a statement.

It's hard to know exactly how this is all going to go down. But, in my opinion, neither side will budge until the courts start to favor one side. That should happen after June 3.

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13 Comments

This ruling speaks to larger problems facing this country. The gigantic gap between the political left and right, which the Bush administration created in this country, is deeply institutionally rooted in our court system. It affects every aspect of our society and led to this type of economic/greed war we are watching unfold with the NFL and NFLPA. Corporate america owns the republican party. It is evident in the fact that republicans believe that greed is good and the greedy should be able to operate with no regulatory oversight. They think these greedy corporate blood suckers are far more capable of policing themselves than the government, which is why they advocate smaller government. The average "joe fan" seems to be the guy who is always on the losing end of things. We work hard to live from check to check while these greedy blood suckers continue to fight for increased profits to fund their excessively wasteful life styles. Over half of these owners would die from embarrassment if their books were opened for the public to see. Those two Bush judges on this appeals court epitomize what is tragically wrong with presidential appointments into the court system. Their decision is clearly political and empowers the greedy owners to continue their "legal" unfair labor practices.

Interesting political tie-up,bearhaterstop. Perhaps you overstate the case, but I mostly agree with your observations. I suspect things will ultimately be resolved and that there will be a season, in spite of the greed wars. From a jaded perspective, one could argue that greed is the motivation for the impasse on both sides of the issues.

The case for greedy right wing political influence can never be overstated. If common people cannot see the impact this political war is having on our country, the end will never come. It is my opinion that the greedy millionaire players only want their fair share of the $4 billion financial pie which the greedy billionaires were trying to hoard for themselves.

Oh boy, thank you bearhatersstop!! Thank you for your non-biased, well-thought-out and original take on the state of political affairs in the U.S.

All this time, what was I thinking? How could I have ever been so foolish as to vote for a Republican even once in my life? I mean, no politician who ever ran as a Democrat ever turned out to be a bad seed. And to think of all the free time I could have if I just forego researching the candidates of whichever election and instead blindly vote for one party because as you put it the other guys are the "bad guys."

Anyway, I think replying to your post counts towards the time I spend in helping the handicapped. Thanks dude.

Now, this lockout...blah. Both sides want more money so they propose a stonewall which, if it continues to go on, will result in no one getting any money. How clever.

Hey, is there a reason they can't go back to the way things were before? Only reduce the amount of $$$ the rookies get and instead funnel that money to the seasoned vets?

I think you underestimate politicians you can't just give credit to the right wing, they are all greedy, why do you think they got into politics? You actually think if that many people were sitting on Capitol Hill care about the country? If That many people on Capitol Hill actually cared the US would not be having so many problems. The left, right, central, moderate, libreral, you name they all have had their shots to do the right thing and they all took the money.

Fixing things is hard damn work. Taking the money? Not so hard. You will never see so many smart men say and do so many stupid things as you will in DC.

Mike you must be voting republican because your dear old dad & grand dad did. Or maybe you own an international business with millions stored over seas to avoid paying taxes. That's real patriotic buddy. Face it you put Bush in office & ruined this country with the rest of the lames who voted for him. Everybody knows mostly all politicians are dishonest. I am not naive enough to blindly vote along party lines, my knowledge of politics is vast. I am a well informed voter and have never seen a republican I would vote. I don't agree with corporate political control of the people's government. I know all about the issues do you? I doubt it. You obviously never had a union job or been a union worker. If so, you were a dumb one. Guess I struck a nerve with you & your republican way of thinking. The handicap comment you made really showed how ignorant you are...

I call things like I see them. When the Bush administration started de-regulation of corporate america in 2001, these corporate thieves were allowed to police themselves. They went on to create the financial and housing market bubbles that burst during 2007-2008. They started two wars they never financed. All of their reckless irresponsible actions lead this country to the brink of destruction. Now the republicans and tea bags want to reduce the deficit without giving back the Bush tax cuts, big oil and other corporate welfare tax breaks. Guess who is gonna have to end up footing these bills? The little hard working union dues paying joe who is living check to check on minimum wage and the elderly retirees. Corporate america and the rich tax shelter hiding elitist do not pay taxes. It is unpatriotic to avoid paying your fair share of government taxes. To whom much is given much should be expected. Any employer who mistreats their employee lacks empathy. Anybody who supports this way of thinking is guilty of the same. The two judges appointed by Bush are corporate america supporters and thats why the lock out is back in place. Sad state of affairs...

Any hard working union American employee who can not sympathize with the player’s position is clueless about the things that are happening in their own life. This is a fight that goes beyond sports. It is a battle that is going to affect the landscape of future employer-employee rights. How much profit is too much for an employer whose business knowingly destroys the health of its workforce but does little to help care for them afterwards? It is pathetic when employer corporate greed forces a union, designed to protect employees, to dissolve in order to fight for fair labor treatment in a court system stacked against every employee in this country. Forming a $4 billion lock out fund to economically break the will of its employees and force them into taking less profit while doing more self destructive work is ludicrous. Fans pay to see the players destroy their bodies not the owners flaunt their riches, yet the owners profit the most. Whatever the NFL gets away with every other corporation in this country will successfully to get away with.

"I am not naive enough to blindly vote along party lines, my knowledge of politics is vast...I know all about the issues do you? I doubt it."

Ya' know, I am really trying my best to keep from bursting into laughter upon reading that! From my experience, it usually seems to be the case that those who boast they know this and that can't even distinguish their rears from a hole in the ground.

Here, I whipped up a quote just for you:

"This man, on one hand, believes that he knows something, while not knowing anything. On the other hand I, equally ignorant, do not believe that I know anything."

It's from Socrates. Apparently thousands of years ago people were just as clueless and full of themselves then as they were today. Go figure.

Anyway bearhater, I could care less what you think about the Republican party. What really bothers me though are biased, loud-mouthed indivuduals like yourself who think they have all the answers. You are just like Rush limbaugh, Sean Hannity, Keith Olbermann, Chris Matthews and so on. You actually believe that the political party opposite yours is "evil" and fail to realize that there are so many different issues that affect the way people vote. You wanna blame someone for the decline of this country? Look in the mirror, pal.

LOL... Is that all you have to say??? You really are clueless...lol

"You really are clueless..."

Being called that by you can only mean that I'm on the right track.

You are a drama queen who waits for other people to post their thoughts so you can use a quote from somebody else to respond. I bet your woman does all the thinking and wears the pants in your relationship. You use this site to debate people because nobody around you thinks your thoughts are significant. You are obviously the type of person who rubs everybody the wrong way.

If what you're saying is true about Mike then wouldn't the same apply to you and everyone else on a blog or Twitter. You are debating him on this blog, if you think he is such an idiot, what does that make you for arguing with an idiot. If blogging means nobody around you thinks your thoughts matter then, then wouldn't that apply to you too or are you some special case in your own mind?

You don't see a problem with your little theory? Neil and Sean post here and you read their articles, if your theory apply's the way you claim does it, how do they have jobs as reporters and writers. I mean if nobody wants their opinion and clearly they don;t because they blog, which as you imply means nobody wants their opinion. So how do they have jobs that pay them for the very thing you say nobody wants and yet you come here and blog and debate all the time.

I can't believe this thread is still going on, I get posting a comment but it is not a political blog, and neither one of you is debating politics anymore, you have moved up the political debate chain to "I am rubber you are glue"

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This page contains a single entry by Sean Jensen published on May 16, 2011 5:34 PM.

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