On Tuesday, the Supreme Court declined to accept the NFL’s appeal in the case brought by Vikings defensive coordinator Brian Flores (and Steve Wilks and Ray Horton). The decision allows his case to proceed in court — and, in theory, to culminate with a public trial.
Both sides have issued comments in the aftermath of the Supreme Court’s ruling.
“We respect the Supreme Court’s decision not to grant review,” a league spokesperson said. “Regardless of the forum, we are fully prepared to defend ourselves as this matter proceeds.”
Said Flores’s lawyers: “We are pleased that the Supreme Court declined to accept the NFL’s appeal. The NFL must now accept that its commissioner cannot be the arbitrator over discrimination claims against the league and its teams. We look forward to litigating these claims in court.”
Obviously, the league wants the forum to be its in-house arbitration process. It keeps things secret, and it tips the scales of justice in the league’s favor.
But, no, the NFL won’t suddenly surrender. It will aggressively challenge Flores at every turn, with the goal of securing a victory without having to take the case to trial.
When will that happen? It could take months. Maybe years. After all, it took nearly 52 months to get the case past the threshold question of whether the claims will be resolved in court or in arbitration.
