the type of people who cave quickly do not make a living as NFL players
these people never cave. Not even if they are in extreme physical pain
this fight is far from over.
as for the decision last night... the 8th court did some activist judging thats all there is to it. The idea that decertifying was a fraudulent act is flat out untrue. it was a tactic but it was within the rules of the game. all lawyering is tactics.
The court ruled a certain way based on their political/philosophical beliefs and that's not the way the American judicial system is supposed to work.
Bit, this is silly. The 8th Circuit didn't rule, at all, on the decertification issue. All they ruled was:
1) That the Norris-LaGuardia Act, which removes Federal Courts' ability to issue injunctions in "labor disputes" defines "labor dispute" broadly, and isn't limited to labor disputes involving unions (relying on pretty clear Supreme Court precedent from New Negro Alliance v. Sanitary Grocery Co., in which the Supreme Court held that the Norris-Laguardia act barred courts from enjoining the New Negro Alliance - a non-union - from picketing a store to protest its lack of hiring of black clerks);
2) That, in any event, the Norris-LaGuardia Act, by its terms, applies not only to cases "involving a labor dispute" but also cases "growing out of a labor dispute", so even if the Act applied only to labor disputes involving unions, this case clearly "grew out of" the dispute between a union (the NFLPA, pre-decertification) and an employer (the NFL teams, as a collective bargaining unit)
3) The Norris-LaGuardia Act likely applies to bar both injunctions aimed at unions and injunctions aimed at employers
4) Based on that, the League has a strong likelihood of success on the merits of its appeal of the injunction
5) That both parties will be irreparably harmed if the ruling doesn't go their way (League if it's enjoined, players if it isn't)
6) That the expedited appeal pretty much eliminates most of the harm to the players
The dissenting judge, btw, dissented purely
on the issue of irreparable harm; he did not disagree with his colleagues that the NFL was likely to prevail in getting the injunction dismissed on appeal, if only because the Norris-LaGuardia Act means the district judge really had no authority to issue the injunction in the first place