Donald Trump has talked about Colin Kaepernick often and it has always been to make sure he doesn’t get a job in the NFL. Amazingly those tweets and comments could end up with Kaepernick and the President going head to head in the Supreme Court. Amy Dash explains. If Colin Kaepernick fails at proving collusion in a CBA arbitration, his legal team could challenge the collective bargaining agreement in a federal court, on grounds that it violates public policy through unfair labor practices that violate fundamental rights. They could then attempt to petition the case all the way to the United States Supreme Court, if it ever got that far. If accepted, it has the potential to turn into a monumental civil rights case that not only changes the country’s laws but possibly attempts to sue the President of the United States in his individual capacity. The grievance alleges that the NFL and its club owners retaliated against Mr. Kaepernick “in response to coercion and calculated coordination from the Executive Branch of the United States government.” In layman’s terms, Kaepernick is accusing the President of organizing the retaliation against him, after he peacefully protested, by pressuring the league and its owners to deprive him of his right to employment with the NFL. Kaepernick’s lawyers reference meetings and communications between Trump and influential club owners like Jerry Jones and Robert Kraft. The insinuation is that Jones and Kraft then met with fellow club owners and influenced them to also shut Kaepernick out – all at the “calculated” direction of the President. Kaepernick’s team is using his grievance to subtly lay out a novel legal argument: alleging that government officials (the President and Vice President) directed a private employer to interfere with an individual’s constitutional rights. The inference here is that the NFL and its owners were like puppets of the Trump administration, merely exacting its agenda, which according to Kaepernick’s attorneys is to stifle his free speech & peaceful protest or, in the alternative, to promote its own definition of patriotism and pressure uniformity by blackballing any dissenters. Remove the middleman (NFL and club owners) and you’re left with an allegation by Kaepernick that the President interfered with his First Amendment rights in violation of the Constitution.
How Colin Kaepernick’s Collusion Suit Could Ultimately Put an End to Donald Trump Tweeting & Talking Crazy
Black Sports Online | Oct 21