Cowboys running back Ezekiel Elliott hoping for a victory in court today

How the judges rule will determine if Elliott will continue to play or if the National Football League can begin to enforce its six-game suspension they gave him for an alleged domestic violence incident.

They cited the Tom Brady case where he was allowed to play the entire season until his deflate gate case went through the system.

The league has argued that the NFL Players' Association filed an improper lawsuit because an arbitrator had yet to rule on Elliott's appeal.

A few weeks ago the National Football League asked a federal appeals court to dismiss Elliott's entire lawsuit in its bid to lift an injunction that blocked the star Dallas Cowboys running back's six-game suspension over a domestic violence case in Ohio.

A three-judge panel with the USA 5th Circuit Court of Appeals in New Orleans is reviewing the NFL's request for an emergency stay of an injunction issued by a lower court in the Elliott case.

NFL attorney Pratik Shah said the arbitration proceedings, called for in the league's collective bargaining agreement, had not been exhausted, so U.S. District Judge Amos Mazzant lacked jurisdiction when he blocked the suspension.

"You don't have to wait to be run over", he told the judges.

NFL Commissioner Roger Goodell suspended Elliott in August after the league investigated domestic violence allegations. If the court rules in favor of the NFL Elliott could begin serving his suspension immediately.

The court could also decide to vacate the injunction "believing the district court overreached when reviewing the decision". Harold Henderson rejected the appeal the same day that Mazzant heard arguments on the request for an injunction. Through the first month of the season, the Cowboys have not spent time tailoring their game plans for RB Alfred Morris or RB Darren McFadden in case Elliott had not been allowed to play during the court process.

Elliott rushed for 85 yards and a touchdown, and caught for passes for an additional 54 yards, including a receiving touchdown, in last night's 35-30 loss to the Los Angeles Rams.