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The Court of Appeals, for the 2nd Circuit ultimately stated that “…we find that to regard the National Football League’s Eligibility Rules as merely permissive bargaining subjects ‘would ignore the reality of collective bargaining in sports’” 28.
While Clarett argued that the Eligibility Rules are impermissible because they affect players outside of the union, the Court of Appeals, for the 2nd Circuit rendered them permissible based on the assumption that the criteria for employment is set by the players’ union rather than the National Football League 29. Consequently, the Rule does affect a mandatory subject of collective bargaining despite it relating to prospective players rather than current players. In this regard, Judge Scheindlin’s decision was rightfully overturned and the correct ruling was made by the Court of Appeals, for the 2nd Circuit.