Less than a day after its request for a preliminary injunction to allow it to play as a Division 2 league in 2018 was rejected
by the U.S. District Court, the NASL has filed a notice of appeal to
the U.S. Court of Appeals for the Second Circuit. NASL statement: "We remain confident in the merits of our case and
that our request for a preliminary injunction is supported by the law. For that reason, we're hopeful that the Second Circuit will deliver a ruling that allows the NASL to play at the Division 2 level
in 2018 and enables us to continue growing and developing the sport. We have asked for our appeal to be expedited to eliminate the uncertainty facing all of our clubs, players, coaches, fans, and
The Second Circuit's local rules
set forth the timetable for a regular appeal or expedited appeal. If it is not expedited appeal -- the local rules requires very specific decisions that it will consider for an expedited appeal -- the
case could take months, extending into the start of what would be the NASL's 2018 season and long past when clubs will have to make a decision on their 2018 plans.
The appeal does have
the effect, though, of clouding the picture -- what will be the exit fee? -- for NASL clubs wishing to depart the league.
In its statement on Saturday following the posting of Judge
's order, NASL referred to "the extreme harm this decision poses."
One of the two grounds for the granting of a mandatory injunction is "where extreme or very serious
damage will result from a denial of preliminary relief." Judge Brodie declined the NASL's request to find that it would suffer “extreme” or “very serious damage" if it wasn't granted
Division 2 sanctioning. Her decision in this footnote may be the basis of the NASL's appeal: