A new lawsuit in the Second Circuit would be futile

Someone could in theory try to sue the NFL in another jurisdiction, hope to get a conflicting appellate court ruling (appellate courts view decisions by other appellate courts as persuasive, but not binding), and then try to get the Supreme Court to take the case to resolve the split between the circuits.

Interestingly, Sotomayor wrote the 2nd Circuit Opinion

So, presumably, any challenge would be one vote down out of the gate

Her wise Latina experience doesn't extend

to would-be professional male athletes.

Well, S. Ct. rejected cert too...

That said, actual S.Ct. precedent is murky enough that it doesn't seem out of the question that a different circuit (particularly the 8th) could rule the other way and set-up a split. Perhaps Squee, PJ, and Moose can crack open some beers and guide the current court in the right direction.

Yeah, without a circuit split, I'd expect that on a case

like this.

Maybe Roberts were just perplexed on how to call balls and strikes on this one.