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David Moore

David Moore: With no good options remaining, is it time for Elliott, Cowboys to accept his suspension?

Ezekiel Elliott was always going to serve a six-game suspension.

The refusal of Cowboys fans to face that reality didn't make it any less true. The running back's fate was determined when arbiter Harold Henderson upheld the commissioner's ruling. The only question was whether Elliott's legal team and the Players Association would be able to push the suspension into next season.

That goal now appears out of reach. Thursday's ruling by the 5th Circuit Court of Appeals has drawn the starting line for serving the suspension in the heart of the Cowboys season. The 2-1 decision in New Orleans leaves Elliott's side with dwindling options and, frankly, none of them are good.

File a petition for the full 5th Circuit to rehear the case that three of its judges just heard? That's in the works.

Gain a preliminary injunction or temporary restraining order in the Southern District of New York? His legal team so desperately wanted to avoid that court they prematurely filed with the Eastern District of Texas, a decision that resulted in this week's legal loss.

The NFL won on appeal against New England quarterback Tom Brady in the Southern District. While the individual circumstances couldn't be more different _ Brady was accused of deflating footballs, Elliott with domestic abuse _ none of that's relevant.

Precedent and labor law are the standards here. Neither are on Elliott's side.

Cowboys owner Jerry Jones vows there's more to come. But even he conceded during a Friday interview on the team's flagship station, "The Fan" KRLD-FM (105.3), that the 5th Circuit Court dealt Elliott and the Cowboys "a setback."

Quick aside: Jones is an optimist of historic proportions. The word "setback" in his vernacular is the equivalent of someone talking about a "catastrophic event" in common, everyday language.

Jones has been unwavering in his support of Elliott and his legal team in recent months. It's fair to say he's approved of their tactics and encouraged their ferocious defense.

The Cowboys owner has been defiant regarding Elliott's innocence and the belief the running back hasn't been treated fairly. But Jones and Elliott's team now face another decision.

Does it still make sense to exhaust every avenue available in an attempt to push the suspension into next season, or is it time to grudgingly accept the inevitable? Do the diminishing legal tools left at Elliott's disposal alter the outlook?

One reason Jones was on board with pushing back so aggressively against the suspension was because he didn't want it to competitively impact what was in place for the 2017 season. The Cowboys had high hopes. Still do.

Does a 2-3 start dull the resolve to push the suspension into next season or sharpen it? The timing of the 5th Circuit's ruling creates another consideration the sides didn't face to open the season.

The suspension currently runs through the team's Thanksgiving Day game against the Los Angeles Chargers. That would make Elliott available for the final five games of the season and the stretch run.

What happens if Elliott's legal team is successful in delaying the start of the suspension yet again, pushing it back another two to three weeks? What if they once again hit the legal wall only this time with nowhere to turn?

Do the Cowboys want Elliott to play against San Francisco and maybe another game or two with the real possibility the suspension starts after that, pushing his return back to mid- or late December?

Does that make competitive sense? Does Jones, to borrow a phrase from The Godfather, still want to "go to the mattresses" in this fight against the NFL?

Elliott isn't one to give up. Jones certainly isn't. They will continue to push back against this impending six-game suspension.

That doesn't mean it's the best course of action for Elliott or the Cowboys at this stage.

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