Just because Gordon does not have much chance of winning does not automatically mean there is no incentive to go to court. As already mentioned, if he gets a TRO and can get 6 games in before having to serve his yearlong suspension, then he could accrue a year of service time.
Another option is he gets a TRO and then starts making his case not through the courts but through the media. If Gordon started mouthing off about the testing policies, the rules, the light suspensions for batterers and abusers, etc. on a regular basis as his case was heard, the NFL would have an incentive to negotiate a reduced sentence.
If Gordon were to continue to shoot his mouth off and tarnish the NFL's brand, even if the league would ultimately win their court case 100%, they still might be inclined to reduce the suspension just to shut Gordon up. Once the games count for something, I wonder how long the league would want Gordon as the top story on Sports Center over Manning's 6 TD game or Charles 200 yards rushing.
I don't know if a judge could issue a gag order to a player not allowing him to provide an opinion in a public forum or not. That one is out of my league in terms of legal knowledge. If a reporter asked him a question and he answered and it made out to the universe, is that on Gordon or the reporter at that point?
I am not suggesting that Gordon will try any of these things, only that it seems like he can still maneuver his way around some if he wanted to try to.
he also is 100% at the will of goodell now to ever play again, so going on a scorched earth campaign may not be in his best interestthe nfl is not the least bit afraid of Gordon
Just like his suspension was coll
ectively bargain and outlined in the CBA, so is reinstatement. As long as Gordon complies to the rules of the league's drug policy and reinstatement protocols, Goodell can't just leave him suspended. It is a process, and as long as Gordon complies, he will have to be reinstated based on the provisions of drug rehab. If Gordon holds press conferences, interviews, tweets, etc. without getting personal on Goodell, I don't see that impacting his rights and timeline to be reinstated. If the league then intentionally withheld Gordon's application for reinstatement or they massively delayed him rejoining the league, the NFL would open themselves up to a lawsuit.
Where is this language? Everything posted here on a Stage 3 suspensions says it's entirely up to the commissioner's discretion.
Yes, it is up to the commissioner, but if the player meets the other criteria he would still need reasons to hang his hat on . . . I am not sure if a "because I said so" would fly with the NFLPA.
Criteria: After the completion of the one-year banishment
period, the Commissioner, in his sole discretion, will
determine if and when the player will be allowed to return
to the NFL. A players failure to adhere to his Treatment
Plan during his banishment will be a significant
consideration in the Commissioners decision of whether to
reinstate a player. A player seeking reinstatement must
meet certain clinical requirements as determined by the
Medical Director and other requirements as set forth in
Appendix B.