Supreme Court Lets Brian Flores Racial Bias Suit Proceed In Federal Court
The Supreme Court denied the NFL's appeal on Tuesday, allowing Brian Flores' racial discrimination lawsuit to proceed toward discovery and possible trial in federal court in New York.[1]
Justice Brett Kavanaugh dissented from the court's decision not to hear the appeal.[2] The move removes a legal roadblock and clears the way for the case to advance in federal court.[2]
The Second Circuit in New York earlier ruled that the NFL's arbitration process was "arbitration in name only" because Commissioner Roger Goodell acted as arbitrator.[3] That finding let Flores and two former assistant coaches, Steve Wilks and Ray Horton, pursue key discrimination claims in court rather than in league-run arbitration.[3]
Flores' lawyers said they were pleased the Court declined to accept the NFL's appeal and that they look forward to litigating the claims in court.[3] An NFL spokesperson said the league is "fully prepared to defend ourselves as this matter proceeds." OutKick The denial does not broadly endorse litigation over arbitration, but it could open the door for other non-player employment lawsuits to be litigated in New York federal court instead of in NFL arbitration.[3]
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📌 Key Facts
- On Tuesday, May 26, 2026, the Supreme Court denied the NFL's appeal, allowing Brian Flores' discrimination lawsuit to proceed toward discovery and potentially trial in New York federal court.
- Justice Brett Kavanaugh dissented from the Court's decision not to hear the NFL's appeal.
- The Second Circuit had ruled the NFL’s arbitration setup — with Commissioner Roger Goodell serving as arbitrator — amounted to 'arbitration in name only,' enabling Flores, Steve Wilks and Ray Horton to pursue key discrimination claims in court.
- Flores' lawyers issued a statement saying, 'We are pleased that the Supreme Court declined to accept the NFL’s appeal... We look forward to litigating these claims in court.'
- An NFL spokesperson responded, 'Regardless of the forum, we are fully prepared to defend ourselves as this matter proceeds.'
- The article emphasized that the denial — while not a broad endorsement of litigation over arbitration — may open a path for future non-player employment lawsuits against the NFL to be heard in New York federal court instead of league-run arbitration.
📰 Source Timeline (2)
Follow how coverage of this story developed over time
- The article confirms that on Tuesday, May 26, 2026, the Supreme Court denied the NFL's appeal of the Second Circuit decision and thus allowed Brian Flores' discrimination lawsuit to proceed toward discovery and potentially trial in New York federal court.
- It specifies that Justice Brett Kavanaugh dissented from the Court's decision not to hear the case.
- The piece reiterates that the Second Circuit had previously ruled the NFL’s arbitration setup — with Commissioner Roger Goodell as arbitrator — amounted to 'arbitration in name only' and that Flores, Steve Wilks and Ray Horton can pursue key discrimination claims in court.
- Flores' lawyers issued a statement saying, 'We are pleased that the Supreme Court declined to accept the NFL’s appeal... We look forward to litigating these claims in court.'
- An NFL spokesperson responded, 'Regardless of the forum, we are fully prepared to defend ourselves as this matter proceeds.'
- The article emphasizes that while the Supreme Court did not endorse litigation over arbitration generally, the denial may open a path for future non-player employment lawsuits against the NFL to be heard in New York federal court instead of league-run arbitration.