The NFL is still waiting for a ruling on its “emergency” motion to stay the injunction that blocks the Ezekiel Elliott suspension. The fact that a ruling hasn’t been issued five days after the motion was filed suggests that the U.S. Court of Appeals for the Fifth Circuit has a different view on whether it’s truly an “emergency.”

Regardless, a ruling could come at any time. During a Wednesday morning media briefing, NFL spokesman Joe Lockhart said that the Commissioner will make a decision as to whether the suspension will begin immediately, if of course the league wins.

The NFL traditionally has used Tuesday at 4:00 p.m. ET as the deadline for implementing a suspension. This would suggest that Elliott already has clearance to play in Week Three. Lockhart’s comments speak to the existence of “discretion” that would allow the Commissioner to pull the plug if the Fifth Circuit bangs the gavel between now and Monday night.