"This is bigger than a suspension", Elliott told reporters.
If the judges were to make a decision by Friday in which Elliott did not gain a preliminary injunction, then the suspension would start immediately and he would not play this week against the Atlanta Falcons.
Elliott received a six-game suspension on August 11 for a violation of the NFL's personal conduct policy related to domestic violence allegations by a former girlfriend. Elliott was not charged by prosecutors for an alleged assault reported to police in Columbus, Ohio, in July 2016.
On Monday, the 2nd U.S. Circuit Court of Appeals in New York City said Elliott's case was on the docket for 2 p.m. ET Thursday, Nov. 9. The 2nd Circuit said its brief order does not constitute a resolution on the merits of the court case.
With Elliott now living to fight another day, we also got into the NFLPA's overall power gained through this case when it comes to how they'll be able to handle future disputes against the National Football League in preparation for negotiating a new CBA.
Cowboys owner Jerry Jones said he "didn't have a thought" when asked what he thinks Elliott's chances are of winning in his battle against the NFL.
Elliott was not allowed to be at the team's training facility in Frisco, Tex., Wednesday or Thursday after U.S. District Court Judge Katherine Polk Failla denied Elliott an injunction after a status hearing in NY on Monday.
The NFLPA has taken the case to court on Elliott's behalf and likely would have to sign off on any settlement.